A trademark applicant is not required to search for conflicting marks
before using a trademark, or applying to register a trademark in Tanzania
Mainland & Zanzibar.
However, the most important reasons to do a trademark search are:
i. to avoid liability from trademark infringement lawsuits.
ii. to identify potential prior users, so you will not have to incur the time
and expense associated with changing a name you have invested time in
and money in at a later date.
iii. When you are registering the mark with the registry and the trademark
You have attempted to register is the same, or “confusingly similar” to
another company’s registered trademark for identical or similar goods
and/or services, the application will be denied, and the registration fees
together with the attorney’s fee paid for registration of the mark are
non-refundable.
Before submitting an application for registering your trademark, you should
ensure that a proper trademark search has been carried out. This is to make
sure that the trademark you intend to use, or a similar one, is not already
registered by another company for identical or similar products. It is advisable
to conduct a trademark search not only in your own country but also, as far as
is possible, in potential export countries, to avoid problems of
infringement.
A trademark search may be conducted before the Trademark Registry, BRELA, for
Tanzania Mainland and BPRA for Zanzibar, or you may hire the services of a
trademark lawyer. Whatever the manner you choose. Please bear in mind that
any such trademark search is only preliminary.
It may be difficult to ensure that your trademark of choice is not ‘confusingly
similar’ to existing validly registered trademarks. This is why the guidance of an
experienced trademark attorney and/or agent, who is familiar with the practice
of the trademark office and court decisions, may be extremely helpful.
Reach to out Team at www.gerpatsolutions.co.tz , info@gerpatsolutions.co.tz, +244 742 826 955