Tanzania has moved to close its ARIPO enforceability gap and modernise its trade mark system.

In September 2025, Tanzania’s Court of Appeal held that ARIPO trade mark registrations designating mainland Tanzania are not enforceable, because provision for ARIPO trade marks under the Banjul Protocol had not been incorporated into the Trade and Service Marks Act, 1986.  Within a month of the Court of Appeal’s decision, at the request of Tanzania’s Trade Marks Registry, ARIPO declared mainland Tanzania ineligible for designation.

Tanzania’s response came in just over a year.  The Written Laws (Miscellaneous Amendments) Act, No. 6 of 2026 took effect from 2 October 2026 amending the Trade and Service Marks Act, 1986 by including a new section 28A making provision for ARIPO trade marks under the Banjul Protocol.

ARIPO recognition

The amendment now gives domestic effect to ARIPO trade mark registrations designating Tanzania and refers back to 1 September 1999, when the Banjul Protocol entered into force in respect of Tanzania. The stated aim is to make these rights enforceable.

However, some uncertainty remains.  In particular, the legislation does not expressly address how recognition of historic ARIPO registrations will interact with national rights that accrued before the amendments took effect earlier this month.  How competing rights will be treated remains to be seen.

ARIPO is now working through the operational next steps to lift the suspension.  In response to our enquiry earlier this week, it has confirmed that it is consulting with the Tanzanian Trade Marks Registry and will issue an official notice once those discussions conclude.  Until that notice is issued, our advice is to treat Tanzania as unavailable for designation.

Beyond ARIPO, the amendments also introduce a number of wider changes to Tanzania’s trade mark framework.

A broader definition of a trade mark

The previous requirement for a trade or service mark to be a “visible sign” has been removed with the new definition of a trade or service mark defined as “any sign or combination of signs capable of distinguishing goods or services of one undertaking from those of other undertakings”.  A sign is now defined to include three-dimensional marks, letters, words, colours and combinations of colours, numerals, get-ups and holograms.

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集体和证明标志

The law now expressly provides for collective and certification marks.  This gives associations, industry bodies and certification organisations a route to protecting marks that indicate membership, standards or other certified characteristics.

知名商标

The amendments introduce a clearer statutory framework for well-known marks.

To qualify, a mark must be well known in Tanzania and entitled to protection under the Paris Convention or TRIPS Agreement.

When deciding whether a mark is well known, the Registrar will consider all relevant circumstances.  These include the level of recognition of the mark, the duration and geographical extent of its use and promotion, relevant registrations and applications, the record of successful enforcement, and the value associated with the mark.

The amendments also provide that a mark should not be registered where it, or an essential part of it, is likely to impair, interfere with or take unfair advantage of the distinctive character of a well-known mark.

For brand owners, this provides an additional layer of protection.  However, well-known status still depends on evidence and, where Tanzania is commercially important, registration remains the clearest and most reliable route to protection.

Earlier advertisement

Where the Registrar considers that exceptional circumstances exist, an application may now be advertised before acceptance.

What constitutes exceptional circumstances is not defined, so it remains to be seen how the provision will operate in practice.  The stated aim is to give the public an opportunity to comment before an application is accepted.

For rights holders, this may mean that potentially conflicting applications come to light earlier in the registration process.

Tanzania and its Trade Mark System: What should brand owners do now?

Now is a good time to review trade mark protection in mainland Tanzania.

The broader definition of a trade mark may allow you to protect signs that were previously difficult to register.  Associations and certification bodies should consider whether the new provisions for collective and certification marks are relevant to them.

Existing ARIPO registrations designating Tanzania should form part of that review.  Until ARIPO issues its official notice, the national filing route remains the available route for securing a new trade mark registration in mainland Tanzania.

Zanzibar should not be overlooked.  It operates a separate trade mark registration system and protection there should continue to be secured separately.

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