The question of whether a foreign trademark registration suffices for customs enforcement in Tanzania is definitively answered by the country’s new border control regulations. The clear answer is No: a foreign registration alone is insufficient.
The legal instrument that creates this mandate is Regulation 3(2)(a) of the Merchandise Marks (Recordation) Regulations, 2025 (Government Notice No. 352F).
The Crucial Requirement: Regulation 3(2)(a)
When a brand owner or importer seeks to record a trademark with the Fair Competition Commission (FCC) for customs protection, they must comply with strict documentation requirements.
Regulation 3(2)(a) explicitly states that the application for recordation must be accompanied by:
“a certified copy of the current trademark registration issued by the relevant registration authority, showing title in the name of the applicant;”
Why Foreign Registration Fails to Comply
The term “the relevant registration authority” limits the acceptable documents exclusively to those issued by the official Tanzanian IP system.
- Territoriality Principle: Intellectual Property rights are inherently territorial. A trademark registration issued by a foreign office (like the USPTO, EUIPO, or INPI Brazil) grants rights only within that foreign jurisdiction. It holds no inherent legal effect in Tanzania.
- Required Authority: In the context of Mainland Tanzania, the “relevant registration authority” is the Business Registrations and Licensing Agency (BRELA). Alternatively, protection achieved via ARIPO (Banjul Protocol), which designates Tanzania, is also accepted as it results in a national right within the jurisdiction.
- Mandatory Condition: By requiring the certified certificate from the relevant local authority, the regulation makes prior or simultaneous Tanzanian trademark registration (or ARIPO designation) a non-negotiable prerequisite for customs recordal.
Conclusion
The FCC recordal is a customs enforcement measure, but it is legally tethered to the trademark registration system administered by BRELA. Consequently, any brand seeking border protection in Tanzania must first establish its proprietary rights locally by obtaining a valid registration certificate before filing the necessary recordation documents with the FCC. Without that local certificate, the application for customs recordal will be rejected.
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.