TRADEMARK AGENT IN TANZANIA

As a general principle, any person may be appointed as an agent; however, no individual who has not attained the age of majority or who is not of sound mind shall be eligible to act as an agent, so as to ensure that such person is capable of bearing responsibility towards their principal.

In Trademarks, if someone wants to act as an agent for a person involved in any trademark matter (like an applicant, owner, or user) before the Registrar, they must apply to the Registrar. The applicant must meet the following qualification to qualify in the list of trademark agent: -
    1. must be a Tanzanian citizen.
    2. must have a home or business in Tanzania.
    3. must be a practicing advocate with a lawyer’s license from the High Court of Tanzania.
    4. must have a business approved by the Registrar after passing an exam.
    5. must be a member of the Chartered Institute of Trade and Service Mark Agents.
The Registrar will keep a list called the Register of Trade and Service Mark Agents, and only people on this list can act as agents.

Who handles communication?

A Trademark Agent plays a crucial role, as any applicant whose address is outside Tanzania is required to be represented by an address for service within Tanzania. Usually, any application, request, notice, or communication related to trademarks between a person (like an applicant or owner) and the Registrar or Court must be done through an agent.


How to appoint an agent:

A person involved in a trademark matter can choose an agent to act for them by filling out and sending a Power of Attorney form (Form TM/SM 1) or another written authorization to the Registrar or Court.

When an agent is appointed, any documents sent to the agent are considered as if they were sent to the person who appointed them.

All official communications can be addressed to the agent, and the agent can attend meetings or hearings on behalf of the person.

However, sometimes the Registrar may ask the person to attend or sign in person.


Register of Agents:

The Registrar keeps a list called the Register of Trade and Service Marks Agents.
This list includes the names, business addresses, qualifications, and other details of all registered agents.


Removal of a Trade and Service Mark Agent from the Register

A Trade and Service Mark Agent can be taken off the official list if:
    1. They are no longer a Tanzanian citizen.
    2. They move out of Tanzania permanently.
    3. They lose their lawyer’s license from the High Court.
    4. Their business license is cancelled, taken away by the authority, or has expired.

Darstate Attorneys is a registered Trademark Agent in Tanzania and before the African Regional Intellectual Property Organisation, proudly recognized as the Best Intellectual Property & Legal Services Provider in the country. The firm is unwavering commitment to excellence, innovation, and delivering client-focused legal solutions across the intellectual property sector and beyond.


If you have any matters related to trademark applications, requests, notices, or communications whether as an applicant, owner, or otherwise with the Registrar or the Court, we are ready to serve as your address for service in Tanzania.

Please do not hesitate to contact us at any time for expert assistance.

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As lawyers, we at Darstate Attorneys, our responsibility is to ensure that we guide and advise you on the basic principles and legal procedures in promoting your business, whether be it a service or a product.

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