A trademark serves as a distinctive identifier for goods or services, enabling consumers to differentiate one trader’s offerings from another’s. This can include words, phrases, logos, or a combination thereof.

In Tanzania, it is a legal obligation for trademark owners to actively use their registered marks. Trademark use refers to any visible representation of the mark in connection with goods or services, including activities such as sale, importation, or offering goods or services for sale or import.

Grounds for Removal of a Registered Trademark Due to Non-Use

A registered trade or service mark may be removed from the official register if:

An aggrieved party applies to the Court, or

The trademark owner applies to the Registrar,

on the basis that the mark has not been used continuously for at least three years prior to the application.

Exceptions to Removal for Non-Use

Additional Clarifications on Trademark Use

• Use of the entire registered mark is considered use of any part of it, provided it is owned by the same person.

Use of the mark on some of the goods or services for which it is registered counts as use for all closely related goods or services.

Use of the mark on goods or services exported from Tanzania is deemed use within Tanzania.

Use of a similar or slightly modified version of the mark, which does not alter its essential identity, may also qualify as use.

Summary

In essence, a trademark that has not been actively used for three or more consecutive years may be subject to removal from the register unless there are legitimate reasons for non-use or the mark is still within its initial grace periods. Furthermore, partial or related use of the mark can be sufficient to maintain registration.

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