Tanzania expands scope of trademark recordation before customs

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

Cookies Settings

Tanzania expands scope of trademark recordation before customs

Sponsored by

spoor-fisher-400px.png
Packages with flag of Tanzania attached

Duncan Maguire and Paul Ramara of Spoor & Fisher explain how Tanzania’s recently introduced trademark recordation system now accepts ARIPO and foreign registrations, while national filings remain the strongest enforcement tool

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.

more from across site and SHARED ros bottom lb

More from across our site

The firm is shaping its AI strategy around partnerships with Harvey and Legora alongside internally developed tools from its legal technology company, ELTEMATE
A dispute Down Under shows why trademark lawyers cannot afford to wait on the sidelines when a rival brand gathers momentum
The Third Circuit’s decision in Thomson Reuters v ROSS marks the first appellate-level decision addressing AI and fair use, prompting copyright counsel to consider arguments around potential licensing markets
Injunctions for HandsFree Labs and Align Technology come as the Court of Appeal warns that busy teams must have the staffing and resources to meet UPC deadlines
The chief technology officer remit, which has been created as the firm is building its litigation team, will include expanding the use of AI in patent and legal work and automating manual processes
Former Hoyng Rokh Moneiger partner Laura Alonso, who brought her team to ECIJA in March, discusses plans to expand further and why ECIJA’s ‘IP DNA’ is helping broaden her work
Amita Haylock discusses building an integrated Asia practice as clients increasingly demand that firms combine IP, technology and data expertise
François Pochart, Grégoire Desrousseaux and Lionel Martin, long-standing figures in the firm’s patent litigation team, are set to help launch a Paris-based litigation offering
The Unitary Patent has passed 100,000 registrations, but new data raises the question of whether 30% uptake is a ceiling or a staging post for further growth, say Michael Nielsen and Darren Smyth of EIP and Andrew Samm at Patently
The new generation of in-house IP leaders want commercial judgment, accessibility and flexibility, with AI raising expectations around both fees and delivery
Gift this article