Trademark protection arises through
Protection primarily arises through registration with BRELA.
TerraLex Cross-Border Guide to Cross-Border Trademark Guide
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Tanzania Cross-Border Trademark Guide Guide
- Firms:
- KW Kapinga & Partners
- Authors:
- Kamanga Kapinga, Miyuki Mbaga
- Date posted:
- 22/04/2026
- Last update:
- 27/03/2026
Generalities
1.1. Simple effective use in commerce?
No. Use alone does not grant statutory trademark rights, though it may support a "passing off" action under common law.
1.2. Registration?
Yes. Section 16 of the Act stipulates that registration is the primary source of trademark rights.
1.3. Cautionary notice?
No. Cautionary notices are typically used in jurisdictions without a formal registry (e.g., Zanzibar for certain marks) but not for statutory protection in Mainland Tanzania.
1.4. Intensive use (notoriety)?
Yes, for protection against registration of similar marks, but registration is still required for full statutory enforcement.
1.5. Public recognition?
No, not as a primary source of statutory protection.
1.6. Well-known character?
Yes. Section 20(2) protects well-known marks even if unregistered, in accordance with the Paris Convention.
1.7. Other (if yes, please specify)?
Use of a mark may establish "prior user" rights to challenge a subsequent application.
Registrable types of mark
Trademarks, service marks, collective marks, and certification marks.
2.1. Individual mark?
Yes. Marks used by individual businesses or persons.
2.2. Collective mark?
Yes. Regulated under Section 48 of the Act.
2.3. Certification mark?
Yes. Regulated under Section 48 of the Act.
2.4. Well-known mark?
Yes. Recognized and protected under Section 20.
2.5. Other (if yes, please specify)?
Service Marks are explicitly registrable alongside Trademarks.
Registrable forms of mark
Various marks, including word, logo, and series marks, with legal protections for physical and visual formats under the Trade and Service Marks Act.
3.1. Word mark?
Yes.
3.2. Figurative mark with word elements?
Yes.
3.3. Figurative mark?
Yes.
3.4. Shape mark?
Yes. Recognized as 3D marks (Section 2 - definition of "mark").
3.5. Shape mark with word elements?
Yes.
3.6. Position mark?
Yes, provided it is distinctive.
3.7. Pattern mark?
Yes.
3.8. Color (single) mark?
Yes, if it has acquired distinctiveness.
3.9. Color (combination) mark?
Yes.
3.10. Sound mark?
Yes. Increasingly recognized if they can be represented graphically.
3.11. Motion mark?
Yes.
3.12. Multimedia mark?
Yes.
3.13. Hologram mark?
Yes.
3.14. Other (if yes, please specify)?
Any visible sign capable of being represented graphically and distinguishing goods/services.
Possibility of claiming a foreign priority
Yes. Tanzania is a member of the Paris Convention.
4.1. If yes, what is the time limit (months from date of…)?
6 months from the date of the first filing in a Convention country.
Classification of goods and services
Tanzania adopts the Nice Classification system, dividing goods into classes 1-34 and services into 35-45, following the international standard for trademark registration.
5.1. Nice classification adopted (if yes, indicate applicable version)?
Yes. Tanzania currently applies the 13th Edition (effective Jan 1, 2026).
5.2. Local subclass system?
No.
Possible claims against new application
The Tanzanian Trade and Service Marks Act's Section 27 outlines opposition procedures, including absolute grounds like lack of distinctiveness and relative grounds such as similarity to existing marks, with detailed registrability requirements in Part IV.
6.1. Opposition proceedings implemented in trademark law?
Yes. Under Section 27.
6.1.1. If yes, is the basis for opposition a prior registered trademark?
Yes.
6.1.2. If yes, is the basis for opposition a prior pending trademark application?
Yes.
6.1.3. If yes, is the basis for opposition a non-registered trademark in use?
Yes.
6.1.4. If yes, is the basis for opposition a non-registered notorious/famous mark?
Yes.
6.1.5. If yes, is the basis for opposition a prior company name/trade name?
Yes.
6.1.6. If yes, is the basis for opposition absolute grounds?
Yes (e.g., lack of distinctiveness, deceptive, etc.).
6.1.7. Other (if yes, please specify)?
Bad faith filing.
Observations from third parties? (If yes, indicate the basis for such observations.)
7.1. Prior registered mark?
Third parties can file informal "observations" or formal oppositions on any of the grounds mentioned above.
7.2. Prior pending trademark application?
Third parties can file informal "observations" or formal oppositions on any of the grounds mentioned above.
7.3. Prior non-registered trademark in use?
Third parties can file informal "observations" or formal oppositions on any of the grounds mentioned above.
7.4. Prior non-registered notorious/famous mark?
7.5. Prior company/trade name?
Third parties can file informal "observations" or formal oppositions on any of the grounds mentioned above.
7.6. Absolute grounds?
Third parties can file informal "observations" or formal oppositions on any of the grounds mentioned above.
7.7. Other (if yes, please specify)?
Third parties can file informal "observations" or formal oppositions on any of the grounds mentioned above.
Mandatory formalities preliminary to filing application?
Yes.
8.1. Similarity search
Not mandatory but highly recommended.
8.1.1. If yes, what is the time frame (weeks/months) and approximate cost?
Approx. 1-2 weeks; Official fee: TZS 10,000 per class.
8.2. Others?
No other mandatory pre-filing formalities.
8.2.1. If yes, what is the time frame (weeks/months) and approximate cost?
N/A
Specification of goods and services
Class system
A single-class application system.
9.1. Single class system?
Yes. Tanzania currently operates a single-class application system.
9.2. Multiclass system?
No. Separate applications must be filed for each class.
9.2.1. Separate applications for goods and services mandatory?
Yes.
Possible restrictions on goods/services (e.g. alcoholic beverages, retail services, etc. not allowed, or only class headings eligible, etc.)
Yes.
10.1. If yes, please specify.
Marks contrary to public order or morality are prohibited. Specific restrictions may apply to III. Filing and examination certain pharmaceutical or controlled substances.
Special claims/regulations
Yes.
11.1. Claim of previous use possible?
Yes.
11.1.1. If yes, is proof required (affidavit, use specimens, etc.)?
Yes, via Affidavit of Use and supporting specimens if requested.
11.1.2. If yes, through which kinds of proceedings can the proof of use be requested (opposition, cancelation, renewal proceedings, etc.)?
Opposition, cancellation, or to overcome a citation.
11.2. Disclaimer
Yes. The Registrar may require a disclaimer of nondistinctive elements (Section 19).
11.3. Previous registration in country of origin required
No, not mandatory for filing.
11.4. Changes in the mark appearance during the application proceedings possible
Generally not permitted if the change is substantial. Minor amendments are possible.
11.5. Restrictions regarding trademark owner (e.g. trademark protection not eligible for owner from particular countries).
No, provided the applicant is a legal entity or natural person.
11.5.1. If yes, please specify.
11.6. Is there any legal term from which the trademark must be used in order to avoid a possible cancellation?
Yes.
11.6.1. If yes, please specify.
3 years of continuous nonuse from the date of registration (Section 35).
11.7. Other (if yes, please specify)
Recordation of Importation Rights: As of September 2025, mandatory recordation with the Fair Competition Commission (FCC) is required for imported branded goods.
Filing documents required (please indicate whether notarization, apostille, legalization, and/or scanned copies are permitted)
Yes.
12.1. Power of attorney
Yes. Form TM/SM 1. No notarization required; scanned copies are generally accepted via the Online Registration System (ORS).
12.2. Evidence of pre-registration in country of origin
No.
12.3. Priority documents (if priority claimed)
Yes, if priority is claimed. Must be filed within 3 months of application.
12.4. Other (if yes, please specify)
Clear representation of the mark (JPEG/PNG).
Late filing of documents
Yes.
13.1. Is late filing of documents permitted?
Yes.
13.1.1. If yes, please indicate the time limit (days/months from....).
Usually 60-90 days upon request.
13.2. Official late filing fee due?
Yes. TZS 30,000 (Additional fee under Reg. 54).
Means for representation of the mark (for instance JPEG with XY pixels)
Digital uploads (JPEG/PNG) via BRELA ORS.
14.1. Figurative mark with word elements
14.2. Figurative mark
14.3. Shape mark
14.4. Shape mark with word elements
14.5. Position mark
14.6. Pattern mark
14.7. Color (single) mark
14.8. Color (combination) mark
14.9. Sound mark
14.10. Motion mark
14.11. Multimedia mark
14.12. Hologram mark
Local legal representatives for foreign applicants
15.1. Are local legal representatives mandatory for foreign applicants?
Yes. Foreign applicants must appoint a local agent (Section 54).
15.2. Possibility of having representatives domiciled in another country?
No.
15.2.1. If yes, please specify the countries.
Examination
16.1. Is there formal examination?
16.1.1. If yes, does the formal examination take place prior to the publication of the application?
Yes.
16.2. Is there examination on absolute grounds?
Yes.
16.3. Is there examination on relative grounds?
Yes.
16.4. Can relative grounds be objected by the Trademark Office or only by the prior rights' owners?
Both. The Registrar can object ex-officio, and third parties can oppose.
16.5. Are letters of consent admissible to overcome ex-officio citations of prior marks?
Yes, at the Registrar's discretion.
16.5.1. If yes, is notarization or legalization required?
Yes, typically required for letters of consent.
16.6. Is there an examination timeframe if no official objections are raised?
Approx. 4-8 weeks if no objections.
Publication
Yes.
17.1. Publication before registration?
Yes.
17.2. Publication after registration?
No (except for notice of registration).
17.3. Publication in trademark Gazette?
Yes. The BRELA Journal (published monthly).
17.4. Publication in local newspapers?
No.
17.5. Official publication fee due?
Yes. TZS 15,000.
Registration
Yes.
18.1. Certificate of Registration in paper form?
No. BRELA has moved to electronic certificates.
18.2. Certificate of Registration in electronic form?
Yes. Generated via the ORS.
18.3. Term of protection of the mark? Please include term details
7 years for the initial term.
18.3.1. As from priority date?
No.
18.3.2. As from filing date?
Yes. Protection is backdated to the filing date (or priority date).
18.3.3. As from registration date?
18.3.4. As from actual registration date?
18.3.5. As from date of issuance of Certificate of Registration?
18.3.6. Other (if yes, please specify)
18.4. End of grace period of use? Please include term details
10 years for each subsequent renewal.
18.4.1. As from official registration date?
18.4.2. As from actual registration date?
18.4.3. As from end of opposition deadline?
18.4.4. As from conclusion of opposition proceedings (if any)?
18.4.5. Other (if yes, please specify)
18.5. How long can we expect a decision on the application by BPTO?
Total process takes approx. 6-12 months if no opposition.
Official fees due at the time
Yes.
19.1. Filing
TZS 50,000 (inclusive of search and initial fees).
19.2. Publication
TZS 15,000.
19.3. Registration
TZS 60,000.
19.4. Other (if yes, please specify)
Maintenance fee: TZS 5,000.
19.5. Link to the official website of the Trademark Office where the fees are accessible and updated.
https://www.brela.go.tz/pages/trade-and-service-marks-fees
Renewal
Documents required (please indicate whether notarization, apostille, legalization, and/or scanned copies are permitted)
20.1. Power of attorney
Only if a new agent is appointed.
20.2. Original registration certificate
No (scanned copy of electronic version is sufficient).
20.3. Affidavit of use
Not mandatory for renewal but recommended.
20.4. Evidence of use
Not mandatory.
20.5. Others (if yes, please specify)
Is the late filing of documents admissible? If yes, please indicate the time limit.
Yes.
21.1. Official late filing fee due?
Yes, TZS 30,000.
Is there a renewal grace period provided for by law? If yes, please indicate the timing.
Yes, TZS 30,000.
Special maintenance requirements
No mandatory "declaration of use" filings mid-term (e.g.,between 5th-6th year) like in the US.
23.1. First declaration of use?
23.2. Time to file?
23.3. Extensions permitted?
23.3.1. If yes, please indicate the number allowed (as the maximum accepted)
23.4. Documents required (affidavit/declaration, notarized/legalized, evidence of use, subject to official fees)?
23.5. Second declaration of use? If other, please specify.
23.6. Time to file?
23.7. Extensions permitted?
23.7.1. If yes, please indicate the number allowed (as the maximum accepted).
23.8. Documents required (affidavit/declaration, notarized/legalized, evidence of use, subject to official fees)?
Recording of changes/limitation
24.1 Limitations of lists of goods/services?
Possible at any stage; Fee: TZS 20,000.
24.1.1. Possible at any stage or only after registration?
24.1.2. Official fees due?
24.2. Change in name or address of owner?
Possible; Fee: TZS 20,000-50,000.
24.2.1. Possible at any stage or only after registration?
24.2.2. Documents required (original or scanned)?
24.2.3. Official fees due?
24.3. Change in ownership?
Possible via Assignment; Fee: TZS 50,000.
24.3.1. Possible at any stage or only after registration?
24.3.2. Documents required (original or scanned)?
24.3.3. Official fees due?
24.4. Change of representative?
Possible; No fee for Form TM/SM 1.
24.4.1. Possible at any stage or only after registration?
24.4.2. Documents required (original or scanned)?
24.4.3. Official fees due?
Link to the official website of the Trademark Office where the official fees are accessible and updated.
Disclaimer: This guide contains summaries of general principles of law. It is not a substitute for specific legal advice and should not be relied upon in relation to the application of the law or subject matter covered.