How to Report Counterfeit Goods in Tanzania | GERPAT

How to Report Counterfeit Goods in Tanzania: A Guide for Brand Owners

Author: GERPAT Solutions
Category: Intellectual Property & Trademark Protection
Jurisdiction: Tanzania Mainland and Zanzibar

Counterfeit goods can damage a brand’s reputation, reduce sales, mislead consumers and undermine the value of intellectual property. For manufacturers, importers, distributors and international brand owners operating in Tanzania, knowing how to identify and report suspected counterfeiting is an important part of protecting commercial interests.

The Fair Competition Commission (FCC) is the principal authority responsible for enforcing the Merchandise Marks Act, Cap. 85, in Mainland Tanzania. Its Anti-Counterfeit Enforcement Section investigates suspected offences, conducts enforcement operations and handles related prosecution and legal proceedings. The Commission encourages the public to report suspected counterfeit trading.

Brand owners can strengthen a complaint by providing evidence of their trademark rights, samples or photographs of suspected counterfeit products, details of the suspected sellers and precise locations where the goods are stored, manufactured or sold.

1. Which Authority Handles Counterfeit Goods in Tanzania?

Fair Competition Commission (FCC)

The FCC is the primary authority to contact when reporting suspected counterfeit merchandise in Mainland Tanzania. Its enforcement functions are governed by the Merchandise Marks Act, Cap. 85, Revised Edition 2023, together with the applicable regulations.

Under the Act, the Chief Inspector of Merchandise Marks and authorised inspectors have powers to investigate suspected counterfeit goods and, where the statutory requirements are met, detain or seize goods suspected of being counterfeit.

The FCC’s Anti-Counterfeit Enforcement Section investigates suspected offences, supports prosecution and handles the disposal of condemned goods in accordance with the applicable legal framework.

Brand owners should confirm the appropriate filing procedure and any additional requirements with the Commission before submitting a formal complaint.

What legislation applies?

The principal legislation includes:

• Merchandise Marks Act, Cap. 85, Revised Edition 2023: Provides the framework for controlling counterfeit merchandise and enforcing relevant offences.
• Merchandise Marks Regulations, 2008: Set out procedures concerning suspected counterfeit goods, detention, seizure and related enforcement matters.
• Merchandise Marks (Recordation) Regulations, 2025: Establish the recordation procedure for trademarks associated with goods imported into Mainland Tanzania.

The legal basis and scope of each enforcement measure should be assessed against the facts of the particular case.

2. What Evidence Should a Brand Owner Prepare?

A well-organised evidence file helps the FCC understand the suspected infringement and assess whether enforcement action is justified.

1. Proof of trademark ownership

Provide the available documents establishing ownership of the affected brand, such as:

• Trademark registration certificate or current official registration details.
• The registered trademark name, logo or other relevant mark.
• Details of the registered owner.
• A list of the goods covered by the registration.
• A power of attorney or authorisation where an agent or representative is acting for the owner.

For trademark matters, registration in the relevant jurisdiction can be particularly important. A Mainland Tanzania trademark registration should not automatically be treated as protection in Zanzibar, or vice versa.

Where the trademark belongs to a foreign company, supporting corporate documents and evidence of the representative’s authority may also be necessary.

1. Genuine and suspected counterfeit products

Where possible, obtain a genuine product and a suspected counterfeit product for comparison.

Preserve the products in their original condition and document relevant differences, including:

• Packaging and label design.
• Product serial numbers and batch codes.
• Holograms, security features and seals.
• Spelling errors and differences in printing quality.
• Manufacturing information and product codes.
• Other technical characteristics identified by the brand owner.

Keep purchase receipts, photographs and information showing when and where each product was obtained.

Avoid making public accusations against a particular trader before the evidence has been properly assessed.

1. Exact location and seller information

A report should provide as much specific information as possible about the suspected activity.

Include, where available:

• Business or trader name.
• Physical address, street and identifiable premises.
• Warehouse, shop, market stall or manufacturing location.
• Telephone numbers and other relevant business details.
• Dates and times when the suspected goods were observed.
• Photographs, invoices, delivery records or other supporting evidence.

A precise location is more useful for an investigation than a general statement that counterfeit goods are being sold somewhere in Dar es Salaam.

1. Technical verification statement

A brand owner can prepare a concise technical statement explaining how genuine products can be distinguished from suspected counterfeits.

The statement may identify packaging features, authentication codes, product specifications, manufacturing differences and other relevant indicators.

Where appropriate, the brand owner may also identify a qualified technical representative who can assist the authorities in examining the products, subject to the Commission’s procedures.

1. Distributor and supply-chain information

Provide a list of authorised distributors, importers and retailers where relevant.

This can help distinguish legitimate commercial stock from suspected counterfeit merchandise and may help investigators identify the source and distribution chain of the products.

3. How to Report Counterfeit Goods to the FCC

Brand owners can use the following practical approach when preparing a complaint.

Step 1: Identify the affected trademark and products

Identify the registered mark, affected goods and nature of the suspected counterfeiting.

Explain whether the issue concerns unauthorised use of a brand, imitation packaging, suspected counterfeit imports, manufacturing or distribution.

Step 2: Prepare a written complaint

Address the complaint to the Chief Inspector of Merchandise Marks through the FCC’s appropriate reporting or filing channel.

The complaint should include:

• The complainant’s legal name and contact details.
• Details of the trademark owner.
• Trademark registration information, where applicable.
• A description of the suspected counterfeit goods.
• Details of the suspected trader, importer or manufacturer.
• The exact locations associated with the suspected activity.
• A summary of the evidence supporting the complaint.

Step 3: Attach and index the supporting evidence

Organise the supporting documents into clearly labelled attachments. Number photographs, identify samples and include a concise comparison between genuine and suspected counterfeit products.

A structured evidence file is easier to review than an unorganised collection of photographs and correspondence.

Step 4: State the action requested

Explain what assistance the brand owner is requesting, for example:

• Assessment and investigation of the complaint.
• Inspection of identified premises, where legally justified.
• Detention or seizure of suspected counterfeit goods where authorised by law.
• Examination of relevant products and supporting evidence.
• Investigation of the suspected supply chain and other responsible parties.

The FCC will determine the appropriate action in accordance with its statutory powers, procedures and assessment of the evidence. A complaint does not automatically guarantee an inspection, seizure or prosecution.

Step 5: Follow up and maintain records

Keep a copy of the complaint and every supporting document submitted.

Record submission dates, acknowledgement references and subsequent communications. Follow up through the appropriate FCC channel and provide further information if requested.

Where commercial urgency is involved, explain the risk of continued distribution, consumer harm or movement of suspected counterfeit stock.

4. What Happens After a Complaint Is Filed?

The FCC may assess the information received, request further evidence and determine whether an investigation or enforcement operation is appropriate.

Depending on the circumstances and applicable law, authorised inspectors may inspect relevant premises, detain or seize suspected counterfeit goods and take other permitted enforcement measures.

The process may involve:

1. Initial assessment of the complaint.
2. Verification of the information and supporting evidence.
3. Investigation and, where appropriate, inspection of relevant premises.
4. Detention or seizure of suspected goods where legally authorised.
5. Further investigation, prosecution or other proceedings where warranted.

The trader or affected party may dispute the allegations or challenge enforcement action through the applicable procedures.

Brand owners should therefore ensure that their complaints are accurate, supported by evidence and based on identifiable intellectual property rights. The timing and outcome of an investigation depend on the facts and the Commission’s procedures; there is no universal response time that can be guaranteed.

5. Common Mistakes Brand Owners Should Avoid

Mistake 1: Assuming that a trademark registration covers every jurisdiction

Mainland Tanzania and Zanzibar have separate trademark registration systems. Brand owners selling in both jurisdictions should assess their protection and enforcement strategy for each.

Mistake 2: Providing insufficient evidence

A complaint that identifies no specific product, seller, location or supporting material may be difficult to investigate. Supply as much verifiable information as reasonably available.

Mistake 3: Delaying action

Suspected counterfeit stock may be sold, moved or redistributed. Preserve evidence promptly and report the suspected activity through appropriate channels.

Mistake 4: Failing to distinguish genuine from counterfeit goods

Authorised distributors may have legitimate stock in circulation. Maintain current product-authentication guidance and an updated distributor list.

Mistake 5: Treating trademark registration and import recordation as the same process

Trademark registration establishes rights under the applicable trademark system. Import-related recordation is a separate regulatory process under the Merchandise Marks framework.

Mistake 6: Making unsupported public allegations

Public accusations can create commercial and legal risks. Document the evidence, report the matter to the appropriate authority, and obtain professional advice where necessary.

6. Trademark Recordation for Imported Goods in Mainland Tanzania

Brand owners importing goods into Mainland Tanzania should pay particular attention to the trademark recordation requirement introduced through the Finance Act, 2025.

Section 11A of the Merchandise Marks Act requires trademarks relating to goods imported into Mainland Tanzania, irrespective of where the trademarks were registered, to be recorded with the Chief Inspector in the prescribed manner.

The Merchandise Marks (Recordation) Regulations, 2025 provide the applicable procedure. The FCC announced implementation of the system effective from 1 December 2025.

Trademark recordation is distinct from trademark registration. It does not replace the process of establishing trademark rights through the relevant registration system.

Brand owners should assess whether their imported products fall within the requirement, verify the applicable documentation and ensure that the necessary recordation is completed.

The recordation requirement described above concerns Mainland Tanzania. Brand owners distributing products in Zanzibar should separately assess the applicable Zanzibar trademark and enforcement framework.

7. Can a Brand Owner Also Pursue Court Action?

Depending on the circumstances, a brand owner may have grounds to pursue civil remedies through the courts in addition to reporting suspected counterfeiting to the FCC.

The appropriate route depends on the intellectual property rights involved, the evidence available, the conduct complained of and the remedies sought.

Potential steps may include seeking legal advice on injunctions, infringement proceedings, preservation of evidence and other remedies available under the applicable legislation.

Administrative enforcement and civil proceedings serve different purposes. A report to the FCC should not be assumed to replace all other steps needed to protect a brand.

Before commencing proceedings, the brand owner should assess the relevant statutory provisions, jurisdiction, available evidence and potential costs with an appropriately qualified professional.

8. How GERPAT Solutions Can Assist

GERPAT Solutions supports businesses with intellectual property coordination, trademark protection and related regulatory compliance in Tanzania and Zanzibar.

Our services may include:

• Trademark searches and registration support.
• Trademark portfolio reviews.
• Assistance with trademark renewals and ownership recordals.
• Trademark assignment and licensing support.
• Guidance on trademark protection in Mainland Tanzania and Zanzibar.
• Coordination of trademark recordation requirements for imported goods.
• Assistance with organising evidence and documentation for suspected counterfeiting matters.
• Coordination with appropriate authorities and qualified legal professionals where required.

The scope of assistance depends on the particular matter, the rights involved and the applicable regulatory requirements.

9. Frequently Asked Questions

Where should I report counterfeit goods in Tanzania?

For suspected counterfeit goods in Mainland Tanzania, contact the Fair Competition Commission. Its published reporting channels include info@fcc.go.tz and the toll-free number 0800 11 00 94. Confirm the appropriate procedure for your particular complaint.

Do I need a registered trademark to report suspected counterfeiting?

A trademark registration can provide important evidence of rights and strengthen an enforcement complaint. The precise legal position depends on the type of suspected offence and the rights relied upon. Obtain advice if the mark is unregistered or registered only outside Tanzania.

How long does an FCC investigation take?

The timing depends on the evidence, complexity of the complaint, operational priorities and the steps required. Brand owners should not assume a fixed response period unless the FCC confirms one for the particular matter.

Can the FCC seize suspected counterfeit goods?

The Merchandise Marks Act provides statutory powers to detain or seize goods suspected of being counterfeit, subject to the applicable legal requirements and procedures. Whether those powers are exercised depends on the circumstances.

Does trademark registration protect my brand in Zanzibar?

Mainland Tanzania and Zanzibar operate separate trademark registration systems. Brand owners seeking protection in both should assess the relevant registration requirements for each jurisdiction.

Is trademark recordation compulsory for imported goods?

Section 11A of the Merchandise Marks Act and the 2025 Recordation Regulations establish a recordation requirement for trademarks relating to goods imported into Mainland Tanzania. Brand owners and importers should verify the current applicable requirements with the FCC.

Can GERPAT help with trademark protection and counterfeit-related matters?

GERPAT can assist with trademark registration coordination, portfolio reviews, relevant recordation requirements and preparation of supporting documentation. Where formal litigation or reserved legal representation is required, the appropriate qualified legal professional should be engaged.

Protect Your Brand in Tanzania and Zanzibar

Counterfeit goods can threaten revenue, brand reputation and consumer confidence. An effective response begins with clear evidence, appropriate trademark protection and a properly documented report to the relevant authority.

GERPAT Solutions supports local and international businesses with intellectual property coordination, trademark protection, business formation, licensing and corporate compliance in Tanzania and Zanzibar.

Contact us at info@gerpatsolutions.co.tz to discuss your trademark protection or counterfeit-related requirements.

Disclaimer

This article is provided for general information purposes only and does not constitute legal advice. The application of trademark and merchandise marks legislation depends on the facts of each matter. Laws, regulations and administrative procedures may change. Readers should verify current requirements with the relevant authority and obtain appropriate professional advice before taking action.