| Question | Legal Basis (Regulation) | Answer |
| 1. Is trademark recordal mandatory in Tanzania? | Merchandise Marks Act [Cap. 85], Section 11A (as added by the Finance Act, 2025) and Regulation 3(1). | Yes. The Act makes recordal compulsory for all imported goods bearing a mark into Mainland Tanzania. Regulation 3 sets out the application requirement. |
| 2. Who needs to comply with this requirement? | Regulation 3(1). | Any person or company applying to record one or more trademarks relating to goods to be imported into Mainland Tanzania. |
| 3. Which authority manages the trademark recordal? | Regulation 3(1). | The application must be submitted to the Chief Inspector (of Merchandise Marks), which falls under the Fair Competition Commission (FCC). |
| 4. What is the key form required for recordal? | Regulation 3(2). | The application must be submitted in Form FCC 1 set out in the First Schedule. |
| 5. What are the key documents needed for filing? | Regulation 3(2)(a) and Regulation 3(1)(d). | The application must be accompanied by: A certified copy of the current trademark registration (Reg. 3(2)(a)).A sample or sufficient digital photographic representation of the trademarked goods (Reg. 3(1)(d)). |
| 6. What detailed product information is required? | Regulation 3(1)(c). | The application must include the place of manufacture of goods bearing the trademark to be recorded. |
| 7. Are details of my distributors or licensees required? | Regulation 3(1)(e). | Yes. The application must list the names and business addresses of any foreign person or entities licensed to use the trademark, and the nature of such authorised use. |
| 8. What is the validity period of the recordal? | Regulation 5(2). | The recordation shall remain valid for one year from the date the application is approved by the Chief Inspector. |
| 9. What happens if I fail to record my trademark? | Merchandise Marks Act, Section 11A (Effect of non-recordal). | Failure to record means the goods are subject to detention or seizure by customs authorities, as they are deemed non-compliant with import regulations. |
| 10. How is an assignment of the recorded mark handled? | Regulation 6(1) and 6(2). | The new owner must notify the Chief Inspector through Form FCC 2 within thirty days after assignment. Failure to do so will cause the recorded trademark to be deemed cancelled. |
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.