Registering a trademark in Zanzibar is an independent process separate from Mainland Tanzania. It is governed by its own legislation and administered by the local IP authority.
The primary governing law is the Zanzibar Industrial Property Act, No. 4 of 2008, which superseded the old Trade Marks Decree (Cap. 159). The registration is handled by the Zanzibar Business and Property Registration Agency (BPRA).
1. Key Differences from Mainland Tanzania
| Feature | Zanzibar (BPRA) | Mainland Tanzania (BRELA) |
| Governing Law | Zanzibar Industrial Property Act, 2008 | Trade and Service Marks Act [Cap. 326] |
| Filing Method | Physical filing (typically through a local agent). | Online through the BRELA ORS via an agent |
| Initial Duration | 10 years from the filing date. | 7 years from the filing date. |
| Renewal Period | Subsequent renewals are for 10 years. | Subsequent renewals are for 10 years. |
| Opposition Period | 60 days from the date of publication in the Government Gazette. | 60 days from the date of publication in the Official Journal. |
| Service Marks | Protection for both goods and service marks is provided under the Industrial Property Act, 2008. | Service marks are also registrable. |
2. The Trademark Registration Process (BPRA)
The registration process in Zanzibar follows the standard procedure of search, filing, examination, and publication.
| Step | Description | Duration (Estimated) |
| A. Trademark Search (Recommended) | An official search is highly recommended to identify any prior marks that may conflict with the proposed mark. This is conducted by the BPRA Registry. | 1 to 2 weeks |
| B. Filing the Application | The application is physically filed with the BPRA through a local agent. Zanzibar adheres to the single-class filing system, requiring a separate application for each class of goods or services (Nice Classification). | 1 day |
| C. Examination Process | The Registrar examines the application to ensure compliance with the Zanzibar Industrial Property Act, 2008. The mark must be distinctive and not descriptive, deceptive, or contrary to public order. | Shorter than the Mainland (often 1-3 months) |
| D. Advertisement/Publication | If the mark is accepted, it is published in the Zanzibar Government Gazette for public inspection. | 60 days |
| E. Opposition Period | Any interested party may file a notice of opposition within the 60-day period. The Registrar hears and decides on the opposition, requiring parties to file evidence. | 60 days (or longer if opposed) |
| F. Registration & Certification | If the application is unopposed or successfully defended, the final registration fee is paid. The BPRA issues a physical Certificate of Registration. | Final step |
3. Required Documents for Filing
To file a trademark application in Zanzibar, the following are generally required:
- Clear Representation of the Mark: A clear print or electronic representation of the mark (logo, word, or combination).
- Applicant Details: Full name, physical address, nationality, and business description.
- Specification of Goods/Services: A list of the specific goods or services, classified according to the Nice Classification (separate application per class).
- Power of Attorney: Simple Power of Attorney appointing the local agent. No notarization or legalization is required.
- Translation: If the mark contains words in a language other than English or Swahili, a certified English translation and/or transliteration is required.
- Priority Claim: If priority is claimed under the Paris Convention (must be filed within six months of the first filing), a certified copy of the priority document is needed.
4. Tentative Fees (BPRA)
The fees for trademark registration in Zanzibar are subject to periodic revision by the BPRA.
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.