Court rules ARIPO trademarks designating mainland Tanzania are not enforceable

The Court of Appeal of Tanzania issued a decision on September 26 2025 confirming that African Regional Intellectual Property Organization (ARIPO) trademarks designating Tanzania (mainland) are not enforceable.

The ruling aligns with Spoor & Fisher’s view. This is because the Banjul Protocol on Marks, which provides for trademark registration for member states such as Tanzania, has not been specifically incorporated into the Trade and Service Marks Act, 1986 in Tanzania and is therefore of no effect in mainland Tanzania.

The Court of Appeal judges in Lakairo Industries Group & Others v Kenafric Industries & Others (2022) ruled that the appellants’ trademarks could not have infringed the first respondent’s ARIPO trademarks designating mainland Tanzania because “it is common ground […] that Tanzania had not ratified the corresponding Banjul Protocol”.

Trademark owners must secure national trademark registrations with the trademarks office in mainland Tanzania to obtain valid and enforceable trademark rights in mainland Tanzania.

ARIPO was established under the Lusaka Agreement of 1976 and originally named the Industrial Property Organization for English-Speaking Africa. Its objective was to provide centralised registration of patents and industrial designs and to promote the harmonisation of intellectual property legislation. Trademark registration was not catered for until the Banjul Protocol on Marks came into effect in 1997.

It is important to note that patents and utility models are governed by the Harare Protocol and that ARIPO patents and utility models designating mainland Tanzania are valid and enforceable.

In summary, this Court of Appeal decision only applies to trademarks and confirms that national trademark registrations must be obtained with the trademarks office in mainland Tanzania to obtain valid and enforceable trademark rights.