In the context of economic integration and market expansion, the protection of intellectual property, especially trademarks, has become a key factor for the sustainable development of enterprises. In Tanzania, a country with growing economic potential in the East African region, trademark registration not only helps businesses assert their sovereignty over their trademarks but also provides a solid legal foundation to combat unfair competitive practices. The process of registering a trademark in Tanzania is managed by the Business Registration and Licensing Authority (BRELA) which requires careful preparation, Viet An Law would like to guide you through the following article.
Conditions for registering a trademark in Tanzania
According to the Trademarks of Goods and Services Act, Chapter 326 R.E. 2002, the conditions for registering a trademark in Tanzania include:
- Trademarks must be able to distinguish your goods or services from those of others.
- Trademarks can be words, logos, images, equipment, letters, numbers, color combinations, or a combination of these elements.
- Avoid trademarks that are purely descriptive, confusing or deceptive, contrary to ethics or public order, or are confusingly identical/similar to trademarks that have been registered or pre-applied for similar goods/services.
Trademark Search in Tanzania
Before filing a trademark application in Tanzania, conducting a trademark search is a highly recommended step. The main purpose of this is to provide a preliminary assessment of the expected successful registration of the trademark, thereby helping the investor make his or her decision, which saves costs and time. There are two ways to look up trademarks in Tanzania
- Official Search: The applicant or authorized representative will file a formal search request along with a sample of the trademark and the expected list of goods/services. BRELA will conduct a search on their official database of registered trademarks and pending applications in Tanzania.
- Unofficial Search: You can perform a search on the BRELA Online Portal (ORS), ARIP Database, or Global Trade Databases.
Registering a trademark in Tanzania
Preparation of trademark registration dossiers
- Trademark Application Form (TM/SMR.2): Fill in all the required information. You can download the application form via the link below: https://www.brela.go.tz/documents/trade-marks?page=1
- Sample Brand:
- If it is a word mark: Specify the trademark.
- If it is an image/logo trademark: Provide a clear image of the trademark (in electronic format such as JPEG, PNG).
- If the trademark has a specific color that needs protection: Specify the color.
- Catalogue of goods/services: A detailed list of branded goods/services and classification according to the correct group of the Nice Classification.
- Power of Attorney (Form TM/SMR.1): If you apply through a representative.
- Priority Claim Document (if applicable): If the applicant wishes to enjoy priority under the Paris Convention (within 6 months from the date of the first application in a Paris Convention member state), a certified copy of the first application and an English translation (if the first application is not in English) is required.
- English translations: If the trademark contains non-English words, translations and transcriptions (if necessary) should be provided.
- Receipt of payment of fees.
Trademark application processing in Tanzania
Formal Appraisal
BRELA will check that the dossier is complete with the necessary documents, the declaration information is correct, and whether the fees have been paid sufficiently. If there are any deficiencies, BRELA will notify the applicant (or representative) to supplement and correct them within the prescribed time limit.
Content Appraisal
After the application meets the formal requirements, BRELA will conduct a substantive examination to assess the registrability of the trademark. The due diligence factors in this stage include: distinctiveness, non-descriptiveness, non-misleading or deceptive, non-violation of prohibitions of law, and non-identical/confusingly similar to registered/pre-filed trademarks for similar or related goods/services.
If there is a reason for refusal, BRELA will issue a notice stating the reason and allow the applicant to respond, explain or amend the application within a certain period of time (usually 2 months, extendable).
Publication of Application
If the application is approved by BRELA after the examination process, information about the application will be published in the official BRELA Patents, Trademarks and Service Marks Journal (TMR Journal). During this time, any third party with a related interest may object to the trademark registration.
Registration and Certification
If no opposition is filed within the stipulated time limit, or if the opposition is resolved in favor of the applicant, the trademark will be accepted for registration. The applicant needs to pay the trademark registration fee and BRELA will issue a Trademark Registration Certificate.
The trademark is protected for 7 years from the date of filing. The trademark can be renewed multiple times, each time for 10 years.
