Trademarks Attorneys in Tanzania

 

We provide for the following Trademark services;

Trademark search & registration

Post-registration services on:

  • Recordal of Renewals
  • Recordal of Assignment, change of name and/or Merger
  • Recordal of Licensing and Franchising

 

 

Trademark Registration Application Filing Requirements in Tanzania:

  • Name, address and nationality of the Applicant;

If applicant is an individual person additional information should be provided regarding;

  1. Passport number
  2. Email address
  3. Date of Birth, and
  4. Mobile phone Number
  • One print of the proposed trademark (except for word marks in ordinary type);
  • List of goods and services;
  • List of Classes;
  • Translation of Language of any non-English characters or words in the mark;
  • Priority application number, country and date, if any;
  • Certified copy of priority documents (with English translation),
  • Power of Attorney (no notarization or legalization required)

 

 

Further information;

  • Tanzania follows the International Classification of Goods;
  • Different applications must be filed for separate classification of goods for which the trademark is to be registered;
  • The opposition period is within 2 months following publication.
  • The trademark registration procedure lasts for 6 months.
  • The Trademark protection lasts 7 years from the filing date.
  • The Trademark registration is renewable for periods of 10 years.

 

 

Trademark Registration Process in Tanzania and Zanzibar.

It worth noting that, multi-class Trademark applications are not permitted in both regions of the United Republic of Tanzania. As such the applicant who wants to apply for registration of trademark on more than one class has to file separate application for each class of the Trademark

  1. Search on availability of Trademark

Registration process may start by conducting search of the trademark you want to register with the Trademark Registry, that is Business Registration and Licensing Authority (BRELA) for Tanzania Mainland and Zanzibar Business and Property Registration Agency (ZBPRA) for Zanzibar.

Trademark search is not compulsory in both Tanzania mainland and Zanzibar. Trademark search is always conducted with a view to identifying whether or not the proposed Trademark is identical with or similar to a registered trademark or trademark application that has already been received.

Whenever the search fails to reveal a trademark, which is identical with, or similar to the one being proposed, it does not imply acceptance of the proposed trademark by the Registrar. The major advantage of conducting search is that it reduces the degree of uncertainty. It also reduces monetary loss because charges payable to the Registrar and Attorneys are non-refundable when the registration process is not completed for failure by the Applicant to meet statutory requirements. It is therefore important to conduct search before filling a trademark application.

  1. Filing Application for Trademark Registration

After the applicant or his agent has conducted a search and is satisfied that there is no any other word, logo or mark of the same kind or resemblance that has been registered then the applicant has to fill in the respective forms for application for Registration of Trademark.

The application is made through BRELA online system, and by physical paper at the ZBPRA.

A person has the right to make application to claim and  enjoy the benefits of an earlier protection, if he has applied for protection for any trade or service in a country which is party to the Paris Convention for Protection of Industrial Property, 1983,when his application succeed his application will be deemed to be the same date of application in the country provided that application for registration in Tanzania is made within Tanzania is made within six months from the date of earlier application.

  1. Examination of the Trademark Registration Application.

After the application has been received by the registrar and upon payment of the necessary fees, examination will be conducted to whether the requirements are met. The registrar may require additional information regarding trademark registration application to enable him to accept the mark, if the registrar will find the mark does not meet the requirements even after provision of additional information, may reject the application by giving out his reasons and if practicable, will require the applicant to amend the mark so as to meet the required standard.

If the trademark is accepted the registrar will proceed to advertise it on the government gazette for 60 days to invite the public to file opposition if any within that specified time.

  1. Opposition of Trademark registration Application

The opposition of Trademark registration Application may be filed at any time within 60 days from the date of advertisement. Any person who wants to make an opposition shall file a notice of objection that stipulates all the grounds for the opposition before the expiration of the time for advertisement.

Upon receiving the opposition and relevant evidences, the registrar will notify the applicant of the same and invite him to file a counter statement and relevant evidences against the opposition. Thereafter the registrar will invite both parties to appear for hearing where both parties will be given a chance to present their case, the registrar will finalize the hearing and give out his decision.

  1. Registration of the Trademark

Where no objection has been received within 60 days, and upon the final determination of the opposition against application for registration, if the registrar, ruled against the opposition, then the registrar will proceed to register the trademark and issue the certificate of registration. The registration shall be effective as from the date of application for registration.

Once registered, trademark will be protected for the first 10 years form the date of registration and renewable for after every 7 years consecutively, subject to payment of the required fees, in Tanzania mainland. In Zanzibar, the trademark registration will be in force for the first 7 years from the date of registration and renewable for after every 10 years consecutively, subject to payment of the required fees.

Trademarks Attorneys Tanzania  

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