TRADEMARK REGISTRATION IN ZANZIBAR

Zanzibar, known globally as the Spice Islands, is a semi-autonomous region of the United Republic of Tanzania with its own distinctive legal framework for intellectual property (IP). Although part of Tanzania, Zanzibar administers trademark matters separately, meaning businesses seeking protection here must pursue registration directly with its local authority. For brands eyeing expansion in East Africa, understanding Zanzibar’s system is essential for securing exclusive rights and safeguarding market presence.

Why Register a Trademark in Zanzibar?

Trademark registration in Zanzibar is more than a legal formality; it is a strategic investment that strengthens brand security and market recognition. Benefits include:

• Exclusive Rights – Grants the registrant sole authority to use the trademark for the goods or services covered, preventing third parties from adopting identical or confusingly similar marks.
• Brand Protection – Shields brand identity against counterfeiting, imitation, and unauthorized exploitation.
• Legal Enforcement – Establishes the right to initiate legal proceedings against infringers, with access to remedies such as damages, injunctions, or seizure of infringing goods.
• Commercial Value – A registered trademark is an intangible business asset that can be sold, assigned, franchised, or used as collateral for financing.
• Market Visibility – Assists consumers in distinguishing authentic goods and services, fostering customer trust and loyalty.
• Deterrence – Serves as public notice of ownership, discouraging would-be infringers from adopting similar marks.

Governing Legislation

Trademark registration in Zanzibar is regulated under the Zanzibar Industrial Property Act No. 4 of 2008. The Act provides the legal framework for the protection of trademarks, patents, industrial designs, and utility models. Administration of trademark rights falls under the Zanzibar Business and Property Registration Authority (BPRA), the competent authority for filing, examination, and enforcement.

Who Can Apply?

• Local Applicants: Individuals, companies, or legal entities based in Zanzibar or mainland Tanzania.
• Foreign Applicants: Foreign nationals or companies may also apply but are required to appoint a local representative or attorney to manage the filing and communication process with BPRA.

Step-by-Step Registration Process

1. Preliminary Trademark Search (Recommended)
   • Conducted at BPRA to determine whether identical or confusingly similar marks already exist.
   • Although optional, this step reduces the likelihood of rejection or opposition, saving time and costs.
2. Filing the Application
   • The application must be filed with the Zanzibar Business and Property Registration Authority (BPRA), which is the official body responsible for intellectual property matters.
   • Essential requirements include:
     • Applicant’s full name and address.
     • A clear representation of the mark (image, logo, or stylized word mark).
     • A description of goods/services classified under the Nice Classification system.
     • Power of Attorney if filed through an agent.
     • Priority documents if claiming rights under the Paris Convention (must be filed within six months).
     • Payment of prescribed fees.
3. Formal Examination
   • BPRA verifies that forms are correctly completed, fees paid, and classifications properly indicated.
4. Substantive Examination
   • The examiner assesses the mark’s registrability by checking:
     • Distinctiveness – Whether the mark can uniquely identify the applicant’s goods/services.
     • Compliance – Ensuring it does not contravene prohibitions such as deceptive marks, offensive terms, or conflicts with prior registrations.
5. Publication and Opposition
   • Accepted marks are advertised in the Industrial Property Journal.
   • Third parties have 60 days from publication to oppose, citing reasons such as prior rights or lack of distinctiveness.
6. Registration and Certificate Issuance
   • If no opposition arises, or if any opposition is resolved in favour of the applicant, then the Registry issues a Certificate of Registration, officially granting exclusive rights.

Duration and Renewal

• Validity: 10 years from the filing date.
• Renewal: Indefinitely renewable in 10-year periods.
• Renewal Window: Applications should be filed within six months before expiry.
• Grace Period: Late renewals are permitted with payment of a surcharge within a prescribed grace period after expiry.

Key Considerations for Applicants

• Correct Classification: Carefully select the relevant Nice classes. Overly broad filings increase costs, while narrow coverage risks leaving gaps in protection.
• Priority Claims: Applicants from Paris Convention countries may claim priority within six months of an earlier foreign application.
• Local Representation: Foreign applicants must engage a local attorney/agent for filings.
• Language and Branding Nuances: While English is the working language, being mindful of local culture and consumer perception can enhance brand acceptance.
• Enforcement: Registration is only the first step; rights holders must actively monitor the market and enforce their rights against infringers.

Conclusion

Registering a trademark in Zanzibar is an essential step for businesses aiming to build and protect their brand identity in one of East Africa’s most dynamic markets. The system, though requiring careful attention to detail, provides robust legal protection, commercial value, and long-term brand security.

At NexTMark Attorneys, we specialize in guiding clients through Zanzibar’s trademark registration process, from conducting preliminary searches to handling oppositions and renewals. Our expertise ensures that your brand remains protected and strategically positioned for growth.

📧 Contact us to secure your trademark rights in Zanzibar today.