Tanzania’s Fair Competition Commission (FCC) has unveiled a landmark development in the nation’s intellectual property framework. This new system, which mandates the recordation of all trademarks related to imported goods, is a significant legislative stride towards a more robust and proactive anti-counterfeiting regime. Effective December 1, 2025, this measure is enacted under Section 11A of the Merchandise Marks Act, 1963, as amended by the Finance Act, 2025, and is fully detailed in the new Merchandise Marks (Recordation) Regulations, 2025.
1. The Core of the Legislation: Mandatory Recordation
The cornerstone of this new legal regime is the mandatory nature of trademark recordation. It fundamentally changes the landscape for importers and brand owners. Previously, simply registering a trademark in Tanzania with the Business Registrations and Licensing Agency (BRELA) was the primary step. Now, a brand’s legal rights are no longer sufficient to ensure smooth importation.
- A Separate and Mandatory Process: The new regulations explicitly state that all trademarks on goods destined for import into Mainland Tanzania must be formally recorded with the Chief Inspector of Merchandise Marks. This is a separate procedure from the initial trademark registration and applies universally, regardless of the trademark’s country of origin or existing registration status.
- Proactive Border Control: The primary objective is to empower the FCC and customs authorities with a powerful tool for proactive border protection. Instead of relying on brand owners to initiate a complaint after counterfeit goods have already entered the market, the authorities will now have a pre-existing database of legitimate, recorded trademarks. This allows them to actively inspect, intercept, detain, and seize infringing goods at the port of entry, effectively cutting off the supply chain for counterfeiters at its source.
2. The Application and Required Documentation
The Merchandise Marks (Recordation) Regulations, 2025, provide a clear and detailed roadmap for the application process. To record a trademark, an applicant must submit a written application on Form FCC 1 to the Chief Inspector of Merchandise Marks. The application must be thorough and accompanied by a number of specific documents to verify the authenticity of the brand and its products.
- Applicant and Trademark Owner Information: The application requires full details of the applicant, including their nationality and, for corporate entities, their jurisdiction of incorporation.
- Goods and Manufacturer Details: Applicants must specify the place of manufacture of the goods. This detail is crucial for authenticating the supply chain and helps the authorities differentiate between genuine and counterfeit products.
- Visual Representation: A clear sample or photograph of the trademarked goods is mandatory. This allows inspectors to visually compare imported products with the officially recorded mark, which is a key part of the anti-counterfeiting process.
- Authorized Users: The application must also include details of any licensees or affiliated entities that are authorized to use the trademark. This ensures that the recordation system can cover the entire authorized distribution network, preventing delays for legitimate business partners.
- Certified Registration and Proof of Fees: A certified copy of the current trademark registration certificate is required, along with proof of payment of the prescribed fees as outlined in the Second Schedule of the regulations.
3. The New Role of Trademark Representatives
A significant procedural change is the formalization of legal representation. The regulations state that, from December 1, 2025, no Trademark Representative will be permitted to perform functions with the FCC unless they have been formally admitted and registered by the trademark owner. This move is designed to enhance accountability and legitimacy.
- Formal Authorization: This means that a simple power of attorney is no longer sufficient. Brand owners must officially appoint and register their legal agents with the FCC, ensuring that only qualified and authorized professionals can act on their behalf in recordation matters. This protects brand owners from unauthorized filings and ensures the integrity of the recordation process.
4. Fee Structure and Annual Renewal
The financial aspects of the new regulations are clearly defined in the Second Schedule of the Merchandise Marks (Recordation) Regulations, 2025. While the official fees are in Tanzanian Shillings (TZS), the approximate US Dollar (USD) equivalent provides a useful reference point.
- Initial Recordation: TZS 200,000 (approx. USD $81)
- Change of Ownership: TZS 150,000 (approx. USD $61)
- Change of Name: TZS 100,000 (approx. USD $41)
- Annual Renewal: TZS 50,000 (approx. USD $20)
- Searches/Certified Copies: TZS 3,000 (approx. USD $1.20) per request
Crucially, the initial recordation is only valid for one year and must be renewed annually. This recurring requirement means that recordation is not a one-time event but an ongoing obligation for brands to maintain proactive border protection in Tanzania.
5. The Broader Importance for Businesses and the Tanzanian Market
The introduction of this comprehensive trademark recordation system is not merely an administrative change; it is a strategic and necessary development that will have a profound impact on the business environment in Tanzania.
For International Brand Owners:
- A Gateway to a Safer Market: This measure significantly reduces the risks associated with intellectual property infringement in Tanzania. By providing a clear and efficient mechanism for border enforcement, the FCC is making the Tanzanian market more attractive to international brands, encouraging foreign direct investment and legitimate trade.
- Preserving Brand Equity and Consumer Trust: The unchecked flow of counterfeit goods can cause irreparable harm to a brand’s reputation. This regulation provides a robust defense against such damage, ensuring that the quality and integrity associated with a brand are protected, which in turn builds long-term consumer loyalty.
For Local Importers and Distributors:
- Operational Compliance as a Priority: For businesses that import goods, trademark recordation is now a critical component of their supply chain management and legal due diligence. Failure to comply could lead to serious consequences, including the detention of goods, fines, and significant business disruptions.
- Fairer Competition: Legitimate importers who invest in high-quality products are often undercut by counterfeiters. This regulation levels the playing field, creating a fairer competitive environment where businesses that play by the rules can thrive. The new system is a clear signal that the government is serious about protecting legitimate businesses and fighting the illicit trade.
In summary, the new trademark recordation system in Tanzania is a well-structured and comprehensive legal framework aimed at creating a more secure and predictable market. It reflects the government’s commitment to fighting counterfeiting and protecting both brand owners and consumers. For any business involved in importing goods into Tanzania, proactive and timely compliance is not an option—it is a strategic imperative to ensure continued operations, safeguard brand value, and benefit from the enhanced anti-counterfeiting measures that will soon be in effect.
The Author
The Author Sunday Ndamugoba is a partner with the firm. He can be reachable at sunday@rive.co.tz
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. The content is a summary of the draft guidelines and should not be relied upon as a substitute for professional legal counsel. Clients should consult with a qualified legal professional to understand how these guidelines specifically apply to their business operations. RIVE& Co. disclaims all liability for any actions taken or not taken based on this information.