Tanzania’s Fair Competition Commission (FCC) has confirmed that the country’s mandatory trademark recordation system has been fully operational since December 1 2025. The system is intended to strengthen border enforcement by enabling customs authorities to identify and detain suspected counterfeit goods with the assistance of recorded trademark rights.
A significant development is the FCC’s revised approach to the types of trademark registrations that may be relied upon for recordation. While the commission had initially accepted only trademarks registered nationally in Tanzania, it has now confirmed that applications may also be supported by African Regional Intellectual Property Organization (ARIPO) registrations designating Tanzania and foreign trademark registrations, provided a valid registration certificate issued by the relevant authority accompanies the application.
The FCC’s original position reflected the current legal framework in Tanzania. Following a decision of the Court of Appeal, ARIPO trademark registrations designating Tanzania were regarded as unenforceable because the Trade and Service Marks Act, 1986 does not expressly recognise those rights. Consequently, applications for recordation based solely on ARIPO or foreign trademark registrations were previously refused. In guidance issued on April 15 2026, however, the FCC adopted a more flexible administrative approach. Although it continues to recommend obtaining a national Tanzanian trademark registration wherever possible, it has indicated that a broader range of trademark registrations may now be used to support a recordation application.
The commission has also clarified its position regarding pending trademark applications before the Business Registrations and Licensing Agency. Evidence that a trademark application has merely been advertised is insufficient for recordation purposes. Where the applicant also owns a corresponding ARIPO or foreign trademark registration, the relevant registration certificate may instead be submitted. The FCC reserves the right to request additional documentation where necessary to verify the rights relied upon.
The guidance further confirms that only registered trademark rights qualify for recordation. Where imported products bear several different marks, an application may nevertheless proceed if it is based on at least one registered trademark appearing on the goods, even though the remaining marks have not been registered.
Despite the FCC’s willingness to accept ARIPO and foreign trademark registrations for recordation, this should not be viewed as placing those registrations on the same footing as national Tanzanian trademark registrations. A national trademark registration remains the strongest basis for enforcement within Tanzania, while foreign trademark registrations do not themselves confer enforceable rights. ARIPO trademark registrations designating Tanzania remain unenforceable pending legislative reform.
Reports indicate that draft legislation recognising ARIPO trademark registrations designating Tanzania is under consideration. Although the FCC’s revised practice may reflect an expectation of future reform, no timetable has been announced for the enactment of the proposed legislation.
Until the law is amended, businesses seeking effective anti-counterfeiting protection in Tanzania should continue to regard national trademark registration as the preferred enforcement strategy, while reviewing their existing portfolios to determine whether additional filings are required to support customs recordation and broader enforcement efforts.
