Tanzania and Zanzibar are parties to the regional trademark protection system administered by the African Regional Intellectual Property Organization (ARIPO). This system provides applicants with the ability to secure trademark rights in multiple African states through a single application under the Banjul Protocol. It offers a streamlined mechanism for brand owners seeking to protect their trademarks across member states, including Tanzania and Zanzibar.
Filing a Regional Trademark Application
Trademark applications under ARIPO may be submitted in two ways:
- Directly to the ARIPO Office in Harare, Zimbabwe.
- Through the Tanzanian Trademark Office, acting as a Receiving Office.
In either case, the official filing date is the date the application is received by the respective office.
Applicants may file the application personally or through an authorized representative. However, foreign applicants, those whose principal place of business or residence is not within the territory of the filing state, must appoint a local representative. A power of attorney in the prescribed format must accompany the application or be submitted within two months of filing.
Examination and Formal Review
Upon receipt, the ARIPO Office conducts a formal examination to ensure that all procedural requirements are met. If the application is found to be defective or incomplete, the applicant is notified and given a specified period to remedy the deficiencies.
Failure to comply within the prescribed time will result in the application being treated as if it were never filed. In such cases, the applicant has limited options: they may either request that the application be treated as a national filing in any designated member state or file an appeal to the ARIPO Board of Appeal.
If filed through a Receiving Office, the application must be promptly transmitted to ARIPO once it passes local formal checks.
National-Level Examination and Objections
After completing the formal review, ARIPO informs each designated state and requests that they examine the application in accordance with their national trademark laws. Each country is expected to respond within twelve months from the date of notification.
Any designated state may object to registration on two grounds:
- The application fails to meet its national formal requirements; or
- The mark is not registrable under its domestic laws (e.g., due to descriptiveness or lack of distinctiveness).
If no objection is raised within the 12-month window, ARIPO will proceed to register the trademark, which will have the same legal effect as a national registration in each of the designated states that did not object.
Legal Status of ARIPO Registrations
Once registered, an ARIPO mark is treated as if it were registered under national law in each designated state. However, while the registration is regional, revocation, opposition, and cancellation procedures are governed by the national laws of each individual state.
Applicants may also make later designations, adding more ARIPO member states even after the initial filing, provided that the designated state joined the Protocol after the original application date. These later designations must be submitted in the prescribed form with applicable fees or a payment undertaking within 21 days.
Application Requirements
To be accepted, an ARIPO trademark application must include:
- Full name, nationality, and address of the applicant.
- Domicile or the address of the commercial or industrial establishment.
- Legal status (for companies), including the country of incorporation.
- A clear list of the specific goods or services covered, along with their corresponding international class numbers (per the Nice Classification).
- The designated member states in which protection is sought.
- A statement of actual use, if applicable.
- A representation of the mark (including visual reproductions).
Where applicable, applicants must also provide:
- Colour reproductions if colour is claimed as a distinctive feature.
- Indication of whether the mark is two-dimensional or three-dimensional.
- A transliteration and/or translation of the mark or its parts if the mark includes non-Latin characters or foreign language elements.
For figurative marks, classification must align with the Vienna Classification System.
Exhibition Priority
An applicant who has displayed goods or services bearing the mark at an international exhibition (official or officially recognized) may claim priority if the trademark application is filed within six months of first exhibition. In such cases, the filing date will be backdated to the date of first use at the exhibition.
Applicants must provide certified evidence from the exhibition authority, verifying the date of first public use of the mark in connection with the goods or services.
Administrative Procedures for Post-Registration Changes
Trademark holders may request various administrative updates to their ARIPO registrations, including:
- Change in ownership (full or partial).
- Limitation of the list of goods/services.
- Renunciation of protection in certain states.
- Territorial extension of rights.
- Changes to the name or address of the trademark holder.
These requests must be made using prescribed forms, properly dated and signed. In the case of assignment or ownership transfers, a certified copy of the agreement, signed by both parties, must be included.
Recordal of Rights and Registrations
ARIPO registers assignments, licenses, and similar rights for marks applied for or registered under the Banjul Protocol in designated states only where national law does not provide such recordal. If national law requires local recordation, the relevant designated state office must register the right and notify ARIPO accordingly.
Registration includes:
- Recordal in the ARIPO Register of Marks.
- Publication in the ARIPO Journal.
- Publication and recordal in the national register and journal of each designated state, in accordance with its laws.
The following details are recorded:
- Application number and registration number.
- Name and address of the trademark owner and agent.
- Designated states.
- Reproductions of the mark.
- Any alterations, renewals, licenses, assignments, and other rights.
Duration and Renewal of Trademark Rights
The term of protection for an ARIPO-registered trademark is ten years from the filing date, which is considered the effective date of registration.
Registrations are renewable indefinitely, in ten-year increments, subject to payment of renewal fees. No further substantive examination or opposition is required for renewals.
Key renewal considerations:
- Fees must be paid within the 12 months before expiry.
- A six-month grace period is granted post-expiry, during which late renewal is possible with a surcharge.
- Renewals must be filed in the prescribed form.
Appeals and Remedies
If an application is refused by ARIPO, the applicant has three months from the date of the notification to:
- Request that the application be treated as a national filing in any designated state; or
- File an appeal with the ARIPO Board of Appeal.
Conclusion
The ARIPO regional trademark system offers an efficient pathway for businesses in Tanzania, Zanzibar, and other member states to protect their trademarks across multiple African jurisdictions. While it streamlines the filing process, it also requires careful compliance with both regional and national laws. By leveraging the ARIPO system, brand owners can enjoy broad protection, reduced administrative burden, and increased market reach.
For expert assistance in filing or managing ARIPO trademark registrations, including assignments, renewals, or enforcement, our IP team is ready to assist you.
