Tanzania

Trade Mark

Forms part of

Yes
ARIPO
No
OAPI
No
MADRID
Yes
SERVICE CLASSES
NA
NICE CLASSIFICATION

10th edition

Yes
WELL-KNOWN TRADE MARKS RECOGNISED?
The United Republic of Tanzania comprises of Tanganyika, on the African mainland, and the island of Zanzibar (including Pemba). Although Tanzania is a United Republic, uniting Tanganyika and Zanzibar, Zanzibar retained its independence (in some areas), resulting in two separate legal systems. Therefore, intellectual property laws are handled separately in each of these territories.

OAPI

ARIPO

International Arrangements

Tanzania is a party the African Regional Intellectual Property Organisation (ARIPO) and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.

Classification

Lesotho follows a single class filing system and recognises both goods and services classes in terms of the 10th edition of the Nice Classification.

Registration Procedure

The total time from filing to registration is approximately 6 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 60 days from the date of publication.

Common Law and Well-Known Trade Marks

Well-known trade marks in terms of the Paris Convention are recognised in Tanzania.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 7 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.

A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.

Customs Recordal

Customs recordals are not possible.

Patent

Forms part of

Yes
ARIPO
No
OAPI
Yes
PARIS CONVENTION
Yes
PCT

OAPI

ARIPO

International Arrangements

Paris Convention;

PCT;

ARIPO (Harare Protocol; and

WTO/TRIPS.

Types of Patents

Patents of invention;

Divisional patents; and

Utility certificates for inventions that are new and industrially applicable.

Novelty Requirements

Absolute novelty applies.

Grace Period/Prior knowledge

A grace period of six months immediately preceding the filing date is provided, where disclosure was by reason or in consequence of the applicant or his predecessor in title displaying the invention at an official or officially recognised international exhibition, or by reason of an evident abuse in relation to the applicant or his predecessor in title.

Examination procedure

Applications are subjected to formal examination which takes place automatically. The Patents Act provides that applications relating to specified technical fields will be subjected to substantive examination.

Duration & Maintenance

The duration of a patent is 10 years, extendible for further two terms of five years each, provided the owner or licensee can show that the patent was being worked in the United Republic, or that there were legitimate reasons for non‐working.

Maintenance fees are payable annually from the filing date for both pending applications and granted patents. A six months grace period is provided, subject to surcharges. Failure to pay the annual maintenance fees before the deadline or within the six-month grace period leads to lapsing of the application / patent.

Working Requirement

At any time after the expiration of three years from the date of grant of a patent or four years from the filing date of the patent application, whichever is the later.

A High Court may grant a compulsory licence on the ground that the patented invention is not worked or sufficiently worked.

Design

Forms part of

Yes
ARIPO
No
OAPI
Yes
PARIS CONVENTION
Currently not possible to obtain design protection.

OAPI

ARIPO