We are pleased to announce a significant legal victory in the field of Intellectual Property, successfully defending our client, Total Energies SE (formerly TOTAL SA), in a high-stakes trademark opposition before the Business Registrations and Licensing Agency (BRELA) in Tanzania.
The Win:
On September 18, 2025, the Deputy Registrar of Trade and Service Marks, Ms. Seka Kasera, delivered a Ruling dismissing in its entirety the Opposition Application filed by Suzhou Dake Machinery Co., LTD.
The ruling clears the way for the registration of our client’s Trademark Application No. TZ/T/2019/1960 for TOTAL & Globe Device (Colour and Logo) in Class 6. The Registrar found the Opposition to be “patently wanting in merits”.
Key Takeaways from the Ruling:
- No Trademark Similarity: The Registrar determined that the Applicant’s mark, TOTAL & Globe Device (Colour and Logo), is virtually dissimilar from the Opponent’s unregistered mark, TOTAL, when considering the marks as a whole. The court applied the “anti-dissection rule,” noting the presence of the oval globe device in multiple colors on the Applicant’s mark was a clear differentiator.
- No Prior Use or Well-Known Status Proven: The Opponent failed to prove that their mark, TOTAL, had established the requisite reputation and goodwill in Tanzania prior to our client’s filing date of September 27, 2019. The evidence provided was deemed insufficient to establish the well-known status of the Opponent’s mark in the country.
- Coexistence Affirmed: The Registrar determined that the two trademarks can and should honestly and peacefully co-exist on the Register and in the market, citing previous parallel findings and the legal backing under Section 20(2) of the Trade and Service Marks Act, Cap. 326.
Rive & Co successfully represented the Applicant, TOTAL SA (now Total Energies SE), ensuring their global branding strategy is protected in Tanzania.
This ruling underscores our firm’s deep expertise in Intellectual Property law and our commitment to securing favorable outcomes for our international clientele.
Congratulations to the team led by our partner, Sunday Ndamugoba, the IP department head, Ms. Margreth Somme, and Roman Mbowe for his dedication.
Read the ruling here: https://www.rive.co.tz/wp-content/uploads/2025/10/RULING-TOTAL-SA-FINAL-FINAL.pdf