Guide to Trademark Registration in Tanzania

Within the competitive business landscape, a product is frequently distinguished by its brand name and the distinctive elements that set it apart.

These elements, ranging from logos and jingles to packaging design, collectively constitute a trademark. In today’s digital era, safeguarding your brand identity through trademark registration has gained even greater significance.

Whether you are launching a startup, managing an established business, or embarking on the entrepreneurial path as an individual, online trademark registration remains a vital step to guarantee the uniqueness and distinctiveness of your products and services.

At Afrilink, we understand the paramount importance of brand registration in Tanzania and ensuring the distinctiveness of your products and services in today’s competitive market. That is why we offer expert assistance in trademark registration in Tanzania. Whether you are a dynamic startup, an established business, or an individual entrepreneur, our dedicated team is here to guide you through the intricate trademark registration process.

What is a Trademark?

Following the Tanzanian Trademarks Act, a trademark is a distinctive mark that distinguishes products or services from competitors in the market. It encompasses various elements such as symbols, designs, expressions, or any identifiable feature linked to a specific brand. Remarkably, trademarks are open to ownership by individuals, corporations, or legal entities, making them accessible to a broad spectrum of entities and individuals alike.

Why should you register for a trademark in Tanzania?

Trademark registration in Tanzania protects your rights to use the mark in association with your goods or services. It offers a robust shield against infringement, empowering you to take legal action against unauthorized trademark use. Upon successful trademark or brand name registration, your trademark remains valid for seven years from the filing date, with the option to renew it indefinitely.

Types of Trademark Registrations in Tanzania

In Tanzania, various trademark registration online or brand name registrations cater to different needs and purposes, all aimed at enabling consumers to recognize products and services associated with specific manufacturers or service providers. Here, we delve into the distinct categories of company trademark registrations available:

Product mark

This type of trademark is affixed to goods or products, aiding in identifying their origin and preserving a company’s reputation.

Service mark

Similar to a product mark, a service mark is used to identify services rather than physical products. Service marks primarily help differentiate the providers of certain services from others.

Collective mark

A collective mark conveys specific characteristics of products or services associated with a particular group. It allows individuals or entities to protect and represent goods and services collectively. The trademark holder may be an association, a public institution, or a corporation.

Certification mark

The owner issues these marks to indicate information about a product’s origin, composition, quality, or other pertinent data. Certification marks establish product standards and assure consumers that the product meets standardized quality benchmarks. They are commonly found in packaged goods, toys, and electronics.

Shape mark

Shape marks are employed to secure the distinct shape of a product, making it easily recognizable to consumers as originating from a specific manufacturer. Registration is contingent on the shape being deemed distinctive.

Pattern mark

Pattern marks are used for products featuring unique, designed patterns that serve as distinguishing features. To qualify for registration, these patterns must stand out as distinctly recognizable.

Sound mark

Sound marks are distinctive sounds associated with products or services from suppliers. Sound logos, often known as audio mnemonics, are commonly heard at the beginning or end of commercials.

These diverse categories of trademark registrations, like logo trademark registration or trade name registration, offer businesses and entities the flexibility to protect their brand identity following their unique offerings and market presence.

Trademark registration requirements in Tanzania

A trademark is eligible for registration if it functions as a trademark and is not generic or descriptive. It is provided by section 16(1) of TSMA that “A trade or service mark shall be registered if it is distinctive”. A trademark is distinctive if it is capable of distinguishing goods or services with which its appropriator is or may be connected in the course of trade or business.

In determining whether a trade or service mark is capable of distinguishing particular products or services from others, the following are considered:

1. The category to which the trade or service mark is inherently capable of distinguishing as aforesaid;
2. Regard shall be to the extent to which, because of the use of the trademark or service mark or any other circumstances, the trade or service mark is capable of distinguishing. For example, marks that identify or describe a product or service, or which are in common use, or which are used as geographical indicators, must remain available for use by anyone. For this reason, a generic term such as ‘apple’ or a descriptive term such as ‘red’ or ‘juicy’ generally could not be registered for apples.

Trademark registration process in Tanzania

A trademark owner is required to apply with the Registrar of Trademarks (section 21 of TSMA, 1986). The whole process of registration, in Tanzania, is done through the Online Registration System (ORS). Applicants are advised to appoint an Agent (Attorney) to take care of the application for registration.

Documents required for trademark registration in Tanzania

• The name and full address of the applicant
• The trade or business description of the applicant.  The description and nationality of the individual, firm, or body corporate should be given. If the applicant is a firm (partnership), the names of all partners must be given in full. If the applicant is a body corporate, the kind and country of incorporation should be given.
• Trade or services mark proposed for registration. If the applicant is a foreign entity and the trademark is already registered in another country, proof of registration must be given;
• A list of goods or services to which the sign would apply (class);
• A power of Attorney signed by the Applicant appointing the Attorney to be his representative in respect of the registration process;
• A declaration that the applicant or his proposed registered user is using or proposes to use the trademark within Tanzania.

Are you ready to protect your brand and secure your trademark in Tanzania? Take the initial step in safeguarding your business identity by obtaining Trademark Registration or logo trademark registration through Afrilink Consultants. Brand registration in Tanzania with the help of Afrilink Consultants, you can rest assured that your brand is in capable hands. Do not delay any longer; ensure the validity and exclusivity of your trademark today. Reach out at +254707280366 or send us an email at clientservice@afrilinkconsultants.com