Registering a trademark in Mainland Tanzania is a crucial step for securing exclusive rights to your brand name, logo, or other distinguishing marks. The process is governed by the Trade and Service Marks Act [Cap. 326 R.E. 2023] and is administered by the Business Registrations and Licensing Agency (BRELA).
1. Key Considerations Before Filing
It is critical to understand that Tanzania operates a separate system for Mainland Tanzania (Tanganyika) and Zanzibar. A registration in the Mainland does not provide protection in Zanzibar, and vice versa.
- Jurisdiction: Registration must be filed through the BRELA Online Registration System (ORS) for the Mainland.
- Classification: Tanzania adopts the Nice Classification system, which categorizes goods (Classes 1-34) and services (Classes 35-45). Tanzania follows a single-class filing system, meaning a separate application and fee must be paid for each class of goods or services.
- Representation: Foreign applicants must appoint a local registered Intellectual Property Agent residing and practicing in Tanzania.
2. The Trademark Registration Process (BRELA ORS)
The registration process generally involves four main stages: Search, Filing, Examination, and Publication.
| Step | Description | Duration (Estimated) |
| A. Trademark Search (Recommended) | While not compulsory, conducting a search is highly advisable to ensure the proposed mark is not identical or confusingly similar to an already registered or pending mark. The search is conducted against the BRELA database. | 1 to 3 days (depending on the scope) |
| B. Filing the Application | The application is filed online through the BRELA ORS, adhering to the requirements of the single-class system. The application date establishes the priority date. | 1 day |
| C. Formal & Substantive Examination | The Registrar examines the application for formal compliance, distinctiveness, and any conflicts with existing marks or legal prohibitions (e.g., public policy, descriptiveness). The Registrar issues an objection notice if found deficient, which the applicant must address. | Varies (Can take several months) |
| D. Advertisement/Publication | If accepted by the Registrar, the trademark is published in the official Trade and Service Marks Journal. This initiates the opposition period. | 60 days |
| E. Opposition Period | Any third party who believes their rights would be infringed by the registration may file a formal opposition. If an opposition is filed, proceedings will follow before the Registrar. | 60 days (or longer if opposed) |
| F. Registration & Certification | If there is no opposition, or if the opposition is successfully resolved in favour of the applicant, the required registration fee is paid, and the Certificate of Registration is issued. | Final step |
3. Required Documents for Filing
To file a trademark application, the following documents/information are typically required:
- Clear Representation of the Mark: A clear electronic image (e.g., JPEG, PNG) of the logo or device, or the word mark itself.
- Applicant Details: Full name, physical address, nationality/country of incorporation, and trade/business description.
- Specification of Goods/Services: The specific list of goods or services to be covered, classified according to the Nice Classification.
- Power of Attorney (Form TM/SM 1): Appointing the local agent. This typically requires only a simple signature and does not require notarization or legalization.
- Translation/Transliteration: If the mark contains words in a language other than English or Swahili, a certified English translation and transliteration must be provided.
- Priority Claim (If Applicable): If priority is claimed under the Paris Convention (must be within six months of the first filing), a certified copy of the first application must be submitted.
4. Duration and Fees (Tentative)
| Item | Fee (Tanzanian Shillings – TZS) | Notes |
| Trademark Search | Approx. TZS 15,000 – TZS 20,000 per class | Optional, but highly recommended. |
| Filing Application | Approx. TZS 65,000 per class | Payable upon submission of the application. |
| Registration Fee | Approx. TZS 60,000 per class | Payable only after the mark is accepted and before the certificate is issued. |
| Duration of Registration | 7 years from the date of filing. | |
| Renewal Period | 10 years (indefinitely renewable). | Renewal must be done before the expiry date. |
Disclaimer: Government fees are subject to change. It is advisable to confirm the current official fees directly with BRELA or your appointed local agent prior to filing.
5. International Protection
Tanzania is not a signatory to the Madrid Protocol (governed by WIPO). Hence this is not alternative route for applicants who are nationals of, or have a domicile/business in, a Madrid member country to seek protection in Tanzania through a single international application.
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.