Tanzania and Zanzibar
Despite Tanganyika and Zanzibar uniting to form The Republic of Tanzania, on 26 April
1964, no uniform intellectual property legislation has been enacted. In the
circumstances, trade mark registrations must be obtained in both jurisdictions in order to
cover the entire territory.
| Bodies |
Berne Union, Paris Union, Nice Union, PCT
Union, WIPO |
Conventions |
Berne Convention July 25, 1994, Nice
Agreement September 14, 1999, Paris Union
June 16, 1963, PCT September 14, 1999,
WIPO Convention December 30, 1983 |
| Capital City |
Executive capital - Dar Es Salaam; Legislative
capital - Dodoma |
Location |
Eastern Africa, bordering the Indian Ocean,
between Kenya and Mozambique |
| Area |
945,087 sq km |
| Climate |
varies from tropical along coast to temperate
in highlands |
| Population |
39,384,223 |
| Languages |
Kiswahili or Swahili (official), Kiunguja (name
for Swahili in Zanzibar), English (official,
primary language of commerce,
administration, and higher education), Arabic
(widely spoken in Zanzibar), many local
languages |
| Legal system |
based on English common law; judicial
review of legislative acts limited to matters of
interpretation; has not accepted compulsory
ICJ jurisdiction |
| Currency |
Ugandan shilling (UGX)
Tanzanian shillings per US dollar - 1,251.9
(2006), 1,128.93 (2005), 1,089.33 (2004),
1,038.42 (2003), 966.58 (2002) |
| GDP - per capita (PPP) |
$800 (2006 est.) |
| Exports |
gold, coffee, cashew nuts, manufactures,
cotton |
| Imports |
consumer goods, machinery and
transportation equipment, industrial raw
materials, crude oil |
| GMT |
+3 |
| International Dialing code |
+255 |
| Responsible body for Trademarks |
Ministry of Industry and Trade
Business Registrations and Licensing Agency
(BRELA) |
Law Governing Trademarks
Tanzania
The Trade and Service Marks Act 1986; The Trade and Service Marks Regulations 2000
Zanzibar
Trade Marks Decree no. 15 of 1930, effective November 1, 1931; Decree no. 30 of December 23,
1933.
Summary of the Trademark Registration system
Tanzania
Once a trademark application is filed, it is examined as to its inherent registrability and conflict with
prior existing registrations/applications. If accepted, it will be advertised in the Trademarks Journal
and after the expiration of 60 days of the advertisement if there is no opposition the Registrar shall
upon payment of the prescribed fee enter the Trade mark in the register and a Certificate is issued. If
refused, an appeal can be filed with the Registrar within 30 days of refusal. If an opposition is filed
against the trademark, (extensions are allowed at the discretion of the Registrar), the Registrar will
notify the applicant of the opposition. It is presently taking 6 months for smooth application to
registration.
Zanzibar
Once a trademark application is filed, it is examined as to its inherent registrability and conflict with
prior existing registrations/applications. If accepted, it will be advertised in the Trademarks Journal
and after the expiration of 90 days of the advertisement if there is no opposition the Registrar shall
upon payment of the prescribed fee enter the Trade mark in the register and a Certificate is issued. If
refused, an appeal can be filed with the Registrar within 30 days of refusal. If an opposition is filed
against the trademark, (extensions are allowed at the discretion of the Registrar), the Registrar will
notify the applicant of the opposition. It is presently taking 6 months for smooth application to
registration.
Classification
Tanzania
International classification of goods and services. A separate application is required for each class.
Zanzibar
Follows the pre-1938 British Classification of 50 classes. A separate application is required for each
class.
Protection Term
Tanzania
A trade mark registration is effective for an initial period of seven years and, thereafter, renewable for
like periods of ten years.
Zanzibar
A trade mark registration is effective for an initial period of fourteen years and, thereafter, renewable
for like periods of fourteen years.
Use Requirements
Tanzania
Registration may be removed if there has been no use over a period of five years. Authorised use by
a third party cannot be relied on by the proprietor unless the user is recorded as a registered user.
Zanzibar
Registration may be removed if there has been no use over a period of five years.
Marking
Optional
Requirements: Filing New Application for Registrations(for both Tanzania and Zanzibar)
Power of Attorney – signed
Name, address, Nationality, Type of Entity of Applicant
Trademark (if not a standard word mark, a copy of the print of the mark)
International class/es
List of Goods/Services
If claiming priority, a certified priority document
Requirements: Renewal(for both Tanzania and Zanzibar)
Registration Number of Trademark or a simply copy of trademark registration certificate
Power of Attorney – signed
Late renewal is allowed at a fine.
Requirements: Assignment (for both Tanzania and Zanzibar)
Registration Number of Trademark or a simply copy of trademark registration certificate
Power of Attorney – signed
Deed of Assignment – signed and sealed (a nominal amount is acceptable)
If being assigned without goodwill, further fees are payable as it must be advertised prior to
acceptance of assignment
Original Registration Certificate for endorsement
Requirements: Merger(for both Tanzania and Zanzibar)
Registration Number of Trademark or a simply copy of trademark registration certificate
Power of Attorney – signed
Certificate of Merger - notarized
Original Registration Certificate for endorsement
Requirements: Licensing(for both Tanzania only as Zanzibar has no provisions for
licensing)
Registration Number of Trademark or a simply copy of trademark registration certificate
Power of Attorney – signed
Licensing Agreement – signed
Original Registration Certificate for endorsement
Requirements: Change of Name (for both Tanzania and Zanzibar)
Registration Number of Trademark or a simply copy of trademark registration certificate
Power of Attorney – signed
Certificate of Change of Name – notarized
Original Registration Certificate for endorsement
Requirements: Change of Address(for both Tanzania and Zanzibar)
Registration Number of Trademark or a simply copy of trademark registration certificate
Power of Attorney – signed
New Address
Original Registration Certificate for endorsement
Opposition
Tanzania
A 60 day period is open for any interested party to oppose a trademark advertised in the Official
Government Gazette. Extensions can be obtained from the Registrar (together with reasons for delay
and requisite fees). The extension approval is at the discretion of the Registrar.
Zanzibar
A 90 day period is open for any interested party to oppose a trademark advertised in the Official
Government Gazette. Extensions can be obtained from the Registrar (together with reasons for delay
and requisite fees). The extension approval is at the discretion of the Registrar.
Cancellation
?????????????? |
