Choosing the correct trademark filing route is the most critical decision for international businesses entering the Tanzanian market. You have two primary options for protecting your brand in Mainland Tanzania: filing directly with the national office, the Business Registrations and Licensing Agency (BRELA), or filing regionally through the African Regional Intellectual Property Organization (ARIPO) via the Banjul Protocol.
The optimal choice depends entirely on your broader expansion plans, budget, and desired speed. This article breaks down the strategic, cost, and procedural differences between the two systems.
Understanding the Dual Filing System
| Feature | National Route (BRELA) | Regional Route (ARIPO) |
| Jurisdiction | Tanzania (Mainland) only. | Multiple designated member states (including Tanzania). |
| Filing Office | BRELA (Dar es Salaam). | ARIPO Office (Harare, Zimbabwe). |
| Filing Method | Online (BRELA ORS). | Online (ARIPO E-Filing). |
| Governing Law | Trade and Service Marks Act [Cap. 326]. | Banjul Protocol, but substantive examination is done by BRELA based on national law. |
| Cost Efficiency | Best for Tanzania only. | Best for protecting the mark in two or more ARIPO member states. |
Cost and Procedural Comparison
The main advantage of the ARIPO system is centralized administration, but its cost efficiency only emerges when designating multiple countries.
1. Cost Strategy: When ARIPO Becomes Cheaper
The key to cost-saving lies in the structure of ARIPO fees. While the national BRELA route involves a single set of fees (application, publication, registration) paid locally, the ARIPO system involves a base filing fee plus a designation fee and a registration fee for each designated country and each class.
- Tanzania Only: If your business is strictly focused on Tanzania, filing directly with BRELA is generally the cheaper option overall, as you bypass the regional base fees and administrative overhead charged by ARIPO.
- Multiple Countries: If you are expanding to two or more ARIPO member states (e.g., Uganda, Kenya, Rwanda, etc.), the ARIPO route quickly becomes the most cost-effective solution. A single application covers multiple states, offsetting the initial higher base fee.
2. Time and Efficiency
Timelines can be a critical factor, though both systems typically take 3 to 8 months to complete, assuming no opposition.
| Factor | BRELA (National) | ARIPO (Regional, designating Tanzania) |
| Initial Filing | Direct to BRELA, quickly setting the priority date. | Filed with ARIPO, which then takes time to transmit to BRELA. |
| Substantive Examination | Done entirely by BRELA staff. | Done by BRELA staff, but they have up to nine (9) months from ARIPO’s notification date to communicate any objection. This adds a layer of time. |
| Opposition Period | 60 days. | 60 days (or three months, depending on specific national law). |
| Maintenance | Separate renewal applications and fees required every 10 years. | Single renewal payment to ARIPO covers all designated countries, simplifying portfolio management. |
While the national route can sometimes be faster by eliminating ARIPO’s administrative stages, the ARIPO process offers greater predictability once the application is underway, particularly for companies managing a large portfolio across the continent.
Strategic Advantages of Each Route
Your strategic choice should align with your business goals:
Advantages of National Filing (BRELA)
- Maximum Control: Your local IP agent deals directly with BRELA, allowing for quicker responses to office actions and fewer layers of administrative complexity.
- Lower Cost for Single Country: Financially smarter if you are only interested in protection in Tanzania and have no immediate plans to expand to other ARIPO states.
- Clearer Local Focus: The application is purely assessed against Tanzanian law from day one, without reliance on a regional body’s processing time.
Advantages of Regional Filing (ARIPO)
- Portfolio Management: ARIPO simplifies maintenance. Instead of tracking separate national renewal deadlines across multiple countries, a single renewal fee and application to ARIPO covers the entire regional portfolio.
- Uniformity: You only have to prepare one set of documents and manage one file number for all designated countries.
- Wider Reach: ARIPO is the essential route for companies targeting multiple high-growth markets in Eastern and Southern Africa, offering significant long-term administrative savings.
RIVE & CO’s Strategic Recommendation
At RIVE & CO, we advise clients to make the choice based on this rule:
- If your current market focus is solely Tanzania: Choose the BRELA National Route. It is cost-effective and provides direct local control.
- If you are targeting three or more ARIPO member states (e.g., Uganda, Rwanda, Zambia): Choose the ARIPO Regional Route. The centralized filing and renewal system will provide substantial savings in time and administrative costs over the life of the trademark.
In either case, proactive trademark searches and the appointment of an experienced local agent are crucial to ensuring compliance and a smooth path to registration.
The Author
The Author Sunday Ndamugoba is a partner with the firm. He can be reached 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.