The protection of trademarks plays an important role in safeguarding businesses, preventing counterfeit goods, and protecting consumers in international trade.
In Tanzania, trademark owners may protect their rights through registration under the applicable trademark laws, while customs recordation provides an administrative mechanism to assist in the management and monitoring of imported goods bearing recorded trademarks.
The Fair Competition Commission (FCC), through the customs trademark recordation framework established under the Merchandise Marks Act, Cap. 85 R.E. 2023, has issued clarification regarding the acceptance of foreign and local trademark certificates for purposes of trademark recordation, as well as the renewal process for recorded trademarks.
The Merchandise Marks Act provides for recordation of trademarks relating to goods imported into Mainland Tanzania, irrespective of the place of registration, in the prescribed manner.
FCC has clarified that neither the Merchandise Marks Act, Cap. 85 R.E. 2023 nor the Merchandise Marks (Recordation) Regulations, 2025 distinguish between trademarks registered in Mainland Tanzania and those registered in foreign jurisdictions for purposes of trademark recordation.
Accordingly, the Chief Inspector may accept applications supported by either local or foreign trademark certificates, provided that all prescribed requirements for recordation are satisfied.
FCC further clarified that trademark recordation should not be interpreted as granting or creating enforceable trademark rights.
Recordation is an administrative process intended to facilitate the administration of imported goods and maintain a database of trademarks associated with imported goods.
The enforcement of trademark rights remains subject to the applicable trademark laws and other legal requirements.
Therefore, recordation assists customs administration but does not replace the legal process of obtaining trademark protection.
While trademark recordation provides important support in monitoring imported goods, businesses and trademark owners should ensure that their trademarks are properly protected under Tanzanian law.
Under Section 14 of the Trade and Service Marks Act [Cap. 326 R.E. 2023, the exclusive right to use a trade or service mark is acquired through registration in accordance with the Act. This means that registration provides the legal foundation for enforcing trademark rights against infringement within Tanzania.
Accordingly, owners of foreign trademarks who wish to enjoy enforceable rights in Tanzania should consider obtaining protection through the applicable registration system recognized in Tanzania.
A foreign registration certificate alone, without corresponding protection under Tanzanian law, may not provide enforceable rights before the relevant authorities.
While trademark recordation provides important support in monitoring imported goods, businesses and trademark owners should ensure that their trademarks are properly protected under Tanzanian law.
Under Section 14 of the Trade and Service Marks Act [Cap. 326 R.E. 2023, the exclusive right to use a trade or service mark is acquired through registration in accordance with the Act. This means that registration provides the legal foundation for enforcing trademark rights against infringement within Tanzania.
Accordingly, owners of foreign trademarks who wish to enjoy enforceable rights in Tanzania should consider obtaining protection through the applicable registration system recognized in Tanzania.
A foreign registration certificate alone, without corresponding protection under Tanzanian law, may not provide enforceable rights before the relevant authorities.
FCC clarified that trademarks protected under the laws applicable in Mainland Tanzania, including trademarks registered under the Trade and Service Marks Act and any applicable international registration system recognized in Tanzania, may be enforced where the relevant legal requirements are fulfilled.
Conversely, trademarks registered only in foreign jurisdictions without corresponding protection in Tanzania are not presently enforceable by the Chief Inspector, regardless of their recordation status.
Trademark owners are therefore advised to ensure that their trademarks are protected in accordance with the laws governing trademark registration and protection in Tanzania.
Regarding renewal of trademark recordation, FCC noted that although the Merchandise Marks (Recordation) Regulations, 2025 require renewal before expiry, the Regulations do not currently prescribe a specific renewal form or procedure.
FCC has indicated that the omission has been identified and that appropriate steps are being taken to introduce the necessary procedural amendments.
In the meantime, renewal applications will continue to be processed administratively as directed by the Chief Inspector.
The FCC clarification provides important guidance to trademark owners, importers, and businesses involved in international trade. While customs recordation assists in protecting trade channels and managing imported goods, effective trademark protection requires compliance with Tanzania’s trademark registration laws.
Businesses are therefore encouraged to review their trademark protection status in Tanzania and ensure that their rights are properly secured to benefit from available legal remedies.
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