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 2025

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

Find out which firms secured the most nominations for Managing IP’s Asia-Pacific Awards 2025, ahead of the winners being revealed on November 6
Raluca Vasilescu joins our ‘Five minutes with’ series to discuss patent mining and watercolour painting
Jan Phillip Rektorschek, founding partner at Pentarc in Germany, explains why the firm broke away from Taylor Wessing and discusses its plans for staying competitive
Royal Mail Group wins copyright and database right infringement case, in a dispute that can be linked to the history of postcodes in the UK
Managing partner Mark O’Donnell explains why people are at the centre of the Australian outfit’s investment focus and how being independent benefits the firm
IP is becoming one of the most significant drivers of major deals, and law firms are altering their practices to reflect the change
In the second in a new podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IPause, a network set up to support those experiencing (peri)menopause
Firms are adapting litigation strategy as Brazil’s unique legal system and technical expertise have made preliminary injunctions a key tool in global patent disputes
A ruling on confidentiality by the the England and Wales Court of Appeal and an intervention from the US government in the InterDigital v Disney litigation were also among top talking points
Moore & Van Allen hires former Teva counsel Larry Rickles to help expand the firm’s life sciences capabilities
Gift this article