The short answer
A Tanzanian trade or service mark is first registered for 7 years from the date of registration, and the Act deems the date the application was received to be the date of registration. Each renewal then gives 10 years, but only with a statement of bona fide use in the 3 years before expiry (or proof of special circumstances). A mark can be removed after 3 continuous years without use. The opposition period is set in the Regulations.
Trademark deadlines in Tanzania at a glance
These rules come from the Trade and Service Marks Act, Chapter 326 of the Laws of Tanzania, in the TanzLII copy of the legislation as at 31 July 2002. TanzLII notes outstanding amendments (Act 19 of 2004 and Act 5 of 2021), so we check the current consolidated text and the Trade and Service Marks Regulations before we file. The Act applies in Mainland Tanzania, and we confirm separately how Zanzibar is covered.
| Question | Answer |
|---|---|
| How long does a trademark last? | 7 years from the date of registration, renewable from time to time, with each renewal for 10 years (section 29(1) and (2)). |
| Which date does the term count from? | The date the application was received. The mark is registered as of that date, and that date is deemed to be the date of registration (registration section, before section 29). |
| When can I renew? | Apply within the prescribed period. The proprietor must submit a statement confirming the goods or services with bona fide use in Tanzania at any time in the 3 years before the expiry, with a reproduction of the mark, or show special circumstances that prevented use (section 29(2)). |
| Opposition period | Any person may oppose within the time limit prescribed from the advertisement, in writing with grounds. Grounds include conflict with an earlier unregistered mark or a business name used in Tanzania, and a mark filed by an agent without the owner's consent (section 27). We confirm the current period in the Regulations. |
| Priority claim | An application within 6 months of the earlier application in a Convention country takes the earlier application date as its registration date (section 22). |
| Non-use | A mark is removed from the register on application by an aggrieved person, to the court or to the Registrar, if up to one month before the application a continuous period of 3 years or longer passed during which the proprietor did not use it for those goods or services. Special circumstances beyond the owner's intention to abandon are not counted (section 35). |
| Assignment | Record assignments with the Registrar so the register shows the new owner. Ask us for the current procedure and fee. |
Who can register a trademark in Tanzania
Individuals and companies from any country can apply to the Trade and Service Marks Office at BRELA. The application states that the applicant or a proposed registered user is using or intends to use the mark in Tanzania.
Representation. If the applicant's address is outside Tanzania, the application must give an address for service within Tanzania (section 21(e)). Foreign owners normally use a Tanzanian agent.
Trademark registration process in Tanzania
Search
- Search the Business Registrations and Licensing Agency (BRELA), Trade and Service Marks Office records for identical or similar marks in your classes.
File the application
- File with the Business Registrations and Licensing Agency (BRELA), Trade and Service Marks Office, with an address for service in Tanzania.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- Any person can oppose in writing within the prescribed time from the advertisement (section 27).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the Business Registrations and Licensing Agency (BRELA), Trade and Service Marks Office and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Tanzania trademark validity and renewal
- The first registration lasts 7 years from the date of registration (the date the application was received).
- Each renewal gives 10 years.
- A renewal needs a statement of bona fide use in the 3 years before expiry, or proof of special circumstances.
- Keep dated proof of use in Tanzania from the first day.
Tanzania asks for proof of use at renewal. Collect invoices and packaging evidence every year and tell us 12 months before expiry.
Assignment, licence and changes to a Tanzanian trademark
Assignment
Transfer of a mark
Record it with the Registrar so the register shows the new owner.
Registered user
Licensing
The Act allows registered users. Ask us for the current approach.
Disclaimer
Common matter in the mark
The Registrar can require a disclaimer of matter common to the trade or non-distinctive (section 18).
Name or address
Change of the owner's details
Record the change and keep the Tanzanian address for service current.
Non-use and cancellation of a Tanzanian trademark
Under section 35, a registered trade or service mark is removed from the register for goods or services if it was not used for a continuous period of 3 years or longer (counted up to one month before the application), unless special circumstances prevented use and there was no intention to abandon the mark.
Keep dated proof of use in Tanzania: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Tanzania
Search the BRELA trade and service marks records and the Trade and Service Marks Journal, where applications are advertised. The opposition period runs from the advertisement.
Sources used
- Trade and Service Marks Act, Chapter 326, Laws of Tanzania, TanzLII copy of the legislation as at 31 July 2002: sections 21, 22, 27, 29, 35 and the registration provision.
- Trade and Service Marks Regulations (G.N. No. 40 of 2000) on WIPO Lex and BRELA for periods, fees and forms. We check outstanding amendments, including Act 19 of 2004 and Act 5 of 2021.
Tanzania trademark FAQ
How long does a trademark last in Tanzania, and from when?
7 years from the date of registration, renewable from time to time, with each renewal for 10 years (section 29(1) and (2)). It counts from the date of registration, which the Act deems to be the date the application was received.
When should I renew a Tanzanian trademark, and is there a grace period?
Apply within the prescribed period. The proprietor must submit a statement confirming the goods or services with bona fide use in Tanzania at any time in the 3 years before the expiry, with a reproduction of the mark, or show special circumstances that prevented use (section 29(2)).
What is the opposition period in Tanzania?
Any person may oppose within the time limit prescribed from the advertisement, in writing with grounds. Grounds include conflict with an earlier unregistered mark or a business name used in Tanzania, and a mark filed by an agent without the owner's consent (section 27). We confirm the current period in the Regulations.
How much does it cost to register a trademark in Tanzania?
The official fee is set by the Business Registrations and Licensing Agency (BRELA), Trade and Service Marks Office and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Tanzania?
Yes, but if the applicant's address is outside Tanzania, the application must give an address for service within Tanzania. Foreign owners normally use a Tanzanian agent.
Can I assign a Tanzanian trademark?
Record assignments with the Registrar so the register shows the new owner. Ask us for the current procedure and fee.
Can a Tanzanian trademark be cancelled for non-use?
A mark is removed from the register on application by an aggrieved person, to the court or to the Registrar, if up to one month before the application a continuous period of 3 years or longer passed during which the proprietor did not use it for those goods or services. Special circumstances beyond the owner's intention to abandon are not counted (section 35).
How can I check the status of a Tanzanian trademark?
Use the Business Registrations and Licensing Agency (BRELA), Trade and Service Marks Office register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
An application within 6 months of the earlier application in a Convention country takes the earlier application date as its registration date (section 22).
How do I change the owner's name or address?
Record the change with the Business Registrations and Licensing Agency (BRELA), Trade and Service Marks Office so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Tanzania
SUPREMEiP® files trademarks worldwide through its network and checks every Tanzanian deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
