Tanzania (Tanganyika)

General Information

• Capital: Executive capital - Dar Es Salaam; Legislative capital - Dodoma
• Population: 31.3 million
• Area: 945 087 km2
• Languages: Swahili, English - official languages
• Exports: Coffee beans; raw cotton; sisal; cashew nuts; manufactured goods; tobacco
• Imports: Industrial raw materials; construction materials; consumer goods; transport equipment
• Currency: Tanzanian Shilling

Trade Marks

International Conventions

WIPO, WTO, Paris Union, Berne Union, member of ARIPO.

Requirements for Application

(a) Power of attorney, simply signed.
(b) Thirteen prints of the trade mark - device marks.

Classification

International classification of goods and services. A separate application is required for each class.

Procedure

Applications are examined as to inherent registrability and conflict with prior registrations/pending applications.

Opposition

Opposition may be lodged within sixty days following the date of advertisement in the gazette.

Extension of the opposition period is possible at such further period as may be allowed by the Registrar. 

Use

Registration may be removed if there has been no use over a period of five years.

Authorised use by a third party cannot be relied on by the proprietor unless the user is recorded as a registered user. 

Duration and Renewal

A trade mark registration is effective for an initial period of seven years and, thereafter, renewable for like periods of ten years.

Licensing/Registered Users

Licensing is recognised. Recordation of the license agreement is required to become effective against third parties.

The license agreement must provide for quality control by the licensor. 

Requirements

(a) License agreement;
(b) Power of attorney from the proprietor;
(c) Power of attorney from the user.

Assignments

Assignments are possible and may be made with or without goodwill.

Requirements

(a) Deed of assignment;
(b) Power of attorney from the assignee.

Marking of Goods

Notice of registration by use of the legend ‘Registered Trade Mark’ or suitable abbreviation (eg. ‘Regd. Tm.’) or symbol ® optional.

All goods bearing any wording in English should be marked with an indication of origin. Manufactured goods bearing the name, address or trade mark of any manufacturer or dealer in the United Kingdom or any other member of the Commonwealth implying that the goods are British manufactured, but which are not actually of such manufacture, are usually prohibited importation into Tanzania.

Under the Weights and Measures Act, all goods sold by weight are to be sold by metric weight and measure. Certain exceptions are noted for gold, silver, diamonds and other precious stones to be sold by troy weight and drugs by apothecary weights.

Items to be sold by specific weight may be published by the government from time to time. With few exceptions, goods labelled in metric quantities will be acceptable. 

Patents

General

Patent protection must be obtained separately in Tanganyika and Zanzibar. In Tanganyika, patent protection is obtainable by way of a national filing and is no longer obtainable by confirmation of a UK patent. Patent protection in Zanzibar is obtainable only via confirmation of a UK patent within three years of the date of grant of the UK patent. Tanzania (Tanganyika) is a member of the International Convention, PCT, WTO and ARIPO.

Patentable Subject Matter

An invention is patentable if it is new, involves an inventive step and is industrially applicable.

Filing Requirements

A specification in English is needed.

Novelty

Tanganyika has an absolute Novelty requirement. An invention is new if it has not been made available to the public anywhere in the world by means of written disclosure or by oral disclosure, use, exhibition or other non-written means before the date of filing the application, or the priority date. A grace period of six months before the application date or the priority date is provided if the disclosure was by reason or in consequence of the applicant or his predecessor in title displaying the invention at an official or officially recognized international exhibition, or an evident abuse in relation to the applicant or his predecessor in title.

An applicant must apply within three years of grant of the UK patent in Zanzibar. Registration in Zanzibar may be invalidated by manufacture, use, or sale in Zanzibar before the priority date of the UK patent. 

Examination

An application is subjected to formal Examination only. However, the Minister may by regulations direct that applications for patents relating to a specified technical field be subjected to Examination as to substance.

Duration/Maintenance

For a patent in Tanganyika granted on a national filing there is an initial term of ten years from the application filing date, and applications for extensions for two five year periods can be filed in the first eleven months of the tenth and fifteenth years together with proof of Working or legitimate reasons for non-working. Renewal fees are payable annually as from the first anniversary of the filing date.

For a UK confirmation, the patent in Zanzibar continues in force as long as the UK patent remains in force without the necessity of paying renewal fees in Zanzibar. 

Working

Proof of Working or legitimate reasons for non-working are required if the initial patent term of ten years in Tanganyika is to be extended.

Licences/Assignments

In Tanganyika, no licence is valid unless made in writing and signed by the parties. In Zanzibar, there is no provision for licences. Assignments must be recorded to be effective against third parties in both regions.