TRADEMARK REGISTRATION IN ZANZIBAR. LEGAL INSIGHTS

Introduction

A trademark is a unique sign such as a logo, symbol or name used to distinguish goods or services from those of other businesses. Registering a trademark in Zanzibar provides legal protection helping to secure brand identity and prevent unauthorized use.

Legal Framework

In Zanzibar, trademark registration is governed by the Industrial Property Act of 2008. Registration grants the owner exclusive rights to use the trademark and to prevent others from using identical or confusingly similar marks

Key Provisions

1. Eligibility: Any person, company, or legal entity can apply for a trademark in Zanzibar, whether they are Tanzanian nationals or foreigners.
2. Registrable Trademarks: Trademarks that are distinctive and not misleading or contrary to law or morality are eligible for registration. Marks that merely describe the goods or services or that have become customary in the trade, may be refused.
3. Classes of Goods and Services: Zanzibar follows the Nice Classification system for the registration of trademarks, which is internationally recognised to classify goods and services into 45 classes. Classes 1-34 cover goods and classes 35-45 cover services.
4. Trademark protection: In Zanzibar, trademark protection does not automatically extend to Tanzania, so separate registration in Tanzania is recommended.

Registration Process

1. Trademark Search: Before filing an application, it’s advisable to conduct a trademark search at the Zanzibar Business and Property Registration Agency (BPRA) to ensure that the trademark you wish to register is unique and does not conflict with existing marks.
2. Filing the Application: The application for trademark registration must be submitted to Zanzibar Business and Property Registration Agency (BPRA). The application process involves,
a. Application Form: Completing the required application form with details of the trademark and the applicant.
b. Trademark Representation: Providing a clear representation of the trademark.
c. Goods and Services List: Specifying the goods or services for which the trademark will be used.
d. Fees: Payment of the registration fee Ninety-Five Thousand Tanzanian Shillings (95,000/=Ths) for each class.

In Zanzibar, Applications can typically be filed in person at or through authorized agents at the BPRA.

3. Examination: After submission, the application undergoes examination to ensure it meets all legal requirements. The examination checks for compliance with distinctiveness and similarity to existing trademarks. If the trademark is deemed acceptable, it proceeds to the publication stage.
4. Publication: The trademark application is published in the Industrial Property Journal. This publication period allows third parties to oppose the registration if they believe it infringes on their rights or conflicts with existing trademarks. The opposition period typically lasts for sixty (60) days from the date of publication.
5. Opposition and Hearing: If an opposition is filed, a hearing is conducted to resolve the dispute. The parties involved present their cases and a decision is made based on the evidence and legal arguments.
6. Registration and Issuance: If no opposition is filed, or if any opposition is resolved in favour of the applicant, the trademark is officially registered. The applicant receives a certificate of registration granting exclusive rights to use the trademark for a period of ten (10) years. This registration can be renewed indefinitely in seven (7) year increments.

Rights and Enforcement

Once registered, a trademark owner in Zanzibar enjoys exclusive rights to use, license, or sell the trademark. Enforcement of these rights includes:

1. Cease and Desist Letters: Initiating contact with infringers to halt unauthorized use of the trademark.
2. Legal Action: Pursuing legal action in Zanzibar’s courts for trademark infringement, which may include seeking damages or injunctive relief.
3. Customs and Border Control: Working with customs authorities to prevent the importation of counterfeit goods bearing the registered trademark.

Renewal of Trademark in Zanzibar

Trademarks in Zanzibar are typically renewed every seven (7) years. The process involves preparation of the renewal application by filling out a form that provides details about the trademark and its owner(s) then submitting it to the Zanzibar Business and Property Registration Agency (BPRA) accompanied with a payments of Seventy-Five Thousand Tanzanian Shillings (75,000 Tsh) per trademark. One may need to provide supporting documents such as the original trademark registration certificate and proof of payment upon renewal. Once submitted, the application goes through review and if everything is in order, the trademark will be renewed, and the renewal certificate shall be issued.

International Considerations

Zanzibar is part of the United Republic of Tanzania, which adheres to international agreements such as the Paris Convention for the Protection of Industrial Property and the TRIPS Agreement. These treaties facilitate international trademark protection and provide a framework for resolving disputes that cross national borders.

Conclusion

Trademark registration in Zanzibar is a critical step for businesses looking to safeguard their brand and intellectual property. Understanding the registration process, complying with legal requirements, and actively managing and enforcing trademark rights will help businesses establish a strong presence in Zanzibar’s dynamic market. By taking these steps, businesses can protect their investments and enhance their competitive edge in the region.

Reach to out Team at www.gerpatsolutions.co.tz , info@gerpatsolutions.co.tz, +244 742 826 955

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