Court rules ARIPO trademarks designating mainland Tanzania are not enforceable

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Court rules ARIPO trademarks designating mainland Tanzania are not enforceable

Sponsored by

spoor-fisher-400px.png
Hot air balloon in the colours of the Tanzanian flag

Duncan Maguire of Spoor & Fisher Jersey explains a recent ruling by the Court of Appeal of Tanzania confirming that such trademarks are unenforceable unless registered nationally with the trademarks office in Tanzania

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.

more from across site and SHARED ros bottom lb

More from across our site

Senior UK judges discussing the impact of AI on the judiciary, and the role of in-house IP lawyers during corporate transactions and carve-outs were among the top talking points
Tarun Khurana, founding partner of Khurana & Khurana, discusses juggling tasks, why every hour has a value, and the importance of ‘trusting the process’
Annual Meeting hears that IP firms are targeting hires with technical literacy in a fragmented landscape, and that those that build an online presence will distinguish themselves from the digital chaos
How law firms can secure themselves in a technology-driven IP landscape and how IP teams can develop future leadership were among the top talking points
The variety of winners demonstrates that the UPC is now a core benchmark rather than an experimental consideration, while junior lawyers are becoming more deeply involved in key work
The Indian government announcing a fee waiver for sports-related IP registrations, and the US adding the EU to its IP 'watch list' were also among major developments
Sources say the judge could return to a disputes or mediation-focussed role, though others have questioned whether the Texas court will remain a litigation hotspot in his absence
Sheppard, which has hired 14 IP partners in the last 12 months, has cited client demand for expert counsel in SEP, ITC, and district court disputes
Tingxi Huo joins our ‘Five minutes with’ series to discuss boosting the value of clients’ IP and the importance of reflection
Hefty legal teams assembled for a three-day hearing in what was the court’s first foray into SEPs since Unwired Planet v Huawei
Gift this article