Once a trademark has been registered and protected in Tanzania, maintaining its validity through cycles is an important thing to ensure uninterrupted intellectual property rights. The procedure for renewing a trademark registration is not merely a legal obligation, but also an affirmation of the continued presence and intention to use the trademark in the East African market. Viet An Law would like to guide customers through the procedure for renewing trademark registration in Tanzania through the article below.
Time to carry out trademark registration renewal in Tanzania
The first validity period for a trademark registered in Tanzania is 7 years, which is calculated from the original filing date. When the initial 7-year period is about to end, the trademark owner is not automatically entitled to continue protection. Instead, they must proactively carry out renewal procedures with BRELA to renew the protection period for their trademarks. One of the advantages of a trademark protection system is the ability to maintain ownership almost indefinitely. After the expiration of the first 7-year period, the trademark can be renewed several times. There is no limit to the number of renewals, as long as the owner still meets the requirements of the law, including paying the renewal fee on time, and the trademark is still in use or has a good reason for not using it (subject to specific regulations on maintaining validity).
From the first renewal onwards, the next renewal will be valid for 10 years.
Applying for trademark registration renewal in Tanzania
An application for renewal includes:
- Renewal application (Form TM/SMR 9) is completed. You can download the application form via the link below: https://www.brela.go.tz/documents/trade-marks?page=1
- Power of Attorney for the representative to file the application on behalf (if any).
- Proof of payment of the renewal fee as prescribed.
Submit an application for renewal
- Filing in person at the BRELA office: This is the traditional method, which involves preparing the paper dossier as above and filing it in person at the designated offices of BRELA in Tanzania headquartered in Dar es Salaam. This method can still be used by individuals, local businesses or intellectual property representatives in Tanzania, especially in the event of an online system crash or specific requests that cannot be processed online.
- Filing via BRELA’s Online Registration System (ORS): BRELA has been developing the Online Registration System (ORS) for a variety of services, including procedures related to intellectual property. You can refer to the link below: https://ors.brela.go.tz/ors/start
Pay the renewal fee
- On-time renewal fee: This is the standard fee that applies when an application for renewal is filed before the expiration date of the trademark.
- Late Renewal Fee During Grace Period: If an owner misses the deadline to file on time, they still have a grace period of 6 months from the expiration date to file a late renewal application. However, filing during this period will incur an additional penalty fee plus the standard renewal fee.
Processing of trademark registration renewal applications
BRELA will check the completeness and validity of the renewal application and the payment of the fee. If the application is valid and the fee has been paid in full, BRELA will approve the renewal. BRELA will record the renewal in the Register of Trade Marks. The owner or representative will receive a notification or a form of confirmation of the successful renewal. Information on trademark renewal will usually be published in the BRELA Trademark and Services Gazette (TMR Journal).
Note: While use is not a condition for registration, a registered trademark can be invalidated if it is not used in practice in Tanzania for a continuous period of 5 years and at the request of a third party with a related interest.
