Securing your brand identity through trademark registration in Tanzania is the single most important step you can take to protect your goods or services against competitors. By securing your exclusive rights through the Business Registration and Licensing Agency (BRELA), you ensure that your unique business name, logo, or slogan cannot be legally copied or confused with someone else’s.
Here is the exact 5-step process you need to follow to successfully register and protect your brand:
Step 1: Application for Registration in Tanzania
This is the first step you need to know. You need to file your trademark in Tanzania so that you protect your goods or services against infringers and not to have them confused with someone else. You are advised to choose a unique and distinctive mark to represent your company. The other important point is identifying which class you belong to. There are 45 classes of goods and services under which the trademark can be registered. Classes 1-34 are for goods, and classes 35-45 are for services.
Step 2: Trademark Search in Tanzania
It is not compulsory to perform a trademark search in Tanzania and Zanzibar. However, it is the most important step in this process; performing a trademark search will be the key to making sure you are not stealing anyone else’s brand name or likeness. It is important to find out if the mark you want to apply for has already been registered or not before making an application.
Step 3: Filing Trademark Application in Tanzania
If there is no similar mark, you then file for the trademark application with the Registrar of Trademarks at the Business Registration and Licensing Agency (BRELA). There are strict guidelines that are to be followed for your application to be successfully approved in Tanzania. This normally takes 1 day for the application and up to 14 days for approvals to be granted, depending on the backlog to the registry.
Step 4: Upon Submission of Application
After submitting the application, the Registrar will check out whether you have followed certain terms that your brand name complies with, the existing law. There should also not be any conflict or dispute amongst any existing or pending brands for the registration. An examination will be made as to–
(a) conformity with the formalities required under the Trade and Service Marks Act;
(b) the registrability of the trade and service mark in accordance with the provisions of the Trade and Service Marks Act; and
(c) Whether the trade and service mark is required to be associated with some words or some words or devices are required to be disclaimed. If, upon the examination, it appears that the applicant is entitled to registration of his trade or service mark, the Trademark Office accepts the application and causes the trade or service mark to be advertised in the Trade and Service Marks Journal. The advertisement in the Trademark Journal of Tanzania is for a period of 60 days. If the trademark application is refused or accepted on certain conditions, the Trademark Office allows the applicant to overcome the objections raised by the Examiner.
Normally, the applicant counters by providing additional evidence and/or amending the application. When the Examiner is satisfied that there are no outstanding objections from the Trademark Office, the trademark will be recommended for acceptance and advertised in the respective Journal.
Step 5: Trademark Registration and Maintenance
Upon the expiry of 60 days, your mark will be registered if there is no opposition upon payment of a fee. The fee shall also include maintenance. Upon being issued your certificate, you can use the registered trademark symbol beside your brand name. The trademark is registered for 7 years, and renewal in Tanzania is for 10 years.
The following are the documents required for Trademark registration in Tanzania.
- A name and address of the owner/application
- -A representation of a mark or image, or word
- A power of attorney (simply signed, no need for the original)
- A list of the goods and/or services that will be associated with the mark; and
- Filing fee(s).
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