In Tanzania, a Trademark or Service Mark is a distinguishing indication, such as a name, signature, drawing, or anything else, that is used to differentiate comparable goods or services from different manufacturers or service providers.
Apart from assisting the owner, service providers, or product manufacturers in marketing their products or services, Trade or Service Marks also assist Tanzanian consumers in identifying, selecting, and ultimately purchasing a product or service based on the quality demonstrated by the Trade or Service Mark owner over time.
The Advantages Of Registering A Trademark Or Service Mark
The proprietor or licensee, also known as the registered user, assignee, and any other beneficiaries, have an exclusive right to use the mark after it has been registered. This exclusive right is granted for a (7) seven-years initial period and is renewed for (10) years in a row for Tanzania mainland(Tanganyika), in Zanzibar however, the first registration period is ten (10) years. The term of registration can be renewed for further seven (7 ) years after the expiry of the original registration or of the last renewal of registration.
A person who uses an unregistered mark in Tanzania will almost certainly infringe on a registered mark, putting him or her at danger of legal action that, in the end, might bankrupt him or her owing to the severe fines levied. To avoid any penalties or imminent unpleasant outcomes, the greatest recommendation to manufacturing and commercial groups is to play it safe by registering their particular Trade and Service Marks.
Concerns Regarding Trade and Service Marks After They Have Been Registered
After seven years, it must be renewed. After then, any renewal is for ten years and must be renewed every ten years.
When the owner of a trademark intends to transfer it to someone else in Tanzania mainland or Zanzibar, the Registrar must be notified so that the assignment can be registered and endorsed.
The procedure and Requirements for filing a trademark registration in Tanzania Mainland and Zanzibar:
The Power of Attorney to appoint trademark Agent. There are special forms of Power of Attorney that applies in Zanzibar.
- The Power of Attorney does not require notarization or legalization.
- Applicant’s full name and address;
- Ten prints of the proposed trademark except for word marks in ordinary type. If applicable, you have to inform whether the trademark is to be filed in color;
- Priority Document with verified English translation;
- If the proposed trademark is in a language other than English, the Trademark Office normally requires the applicant to meet application to be accompanied with verified English translation.
- Description of the goods and services for which registration is to be registered.
- Payment of filling fee.
Any changes in your name or address should be reported to the Registrar. Mergers, registered users (also known as licensing), and any other change in particulars registered are all subject to the same rules.
Ascertain that the mark follows the processes outlined in the Trade and Service Mark Act, Cap 326 [R.E.] 2002 and the Trade and Service Mark Regulations of 2000.
Conduct a check to ensure there are no other marks on file that are identical or contradictory.
Ascertain that the mark is distinct, simple to see, and appropriate, with a clear meaning that does not compromise public morality.
GERPAT Solutions has a strong intellectual property team all over mainland Tanzania and Zanzibar with expertise in patent registration, ownership rights, infringement, prosecution, and defense of patented rights, as well as other problems related to Trademark registrations in mainland Tanzania and Zanzibar.