Trademark Opposition : The law, Procedures and Requirements in Tanzania Mainland

Trademark Opposition : The Law Procedures and Requirements in Tanzania Mainland

The registration of a trademark in Tanzania is, of course, only the first step in the effective use of a chosen brand, company or product name. In order to ensure valuable marks are protected and enforced, brand owners also need to monitor new applications to ensure that those potential trademarks don’t infringe or potentially damage their existing rights.

Why monitor new applications?

The early detection of potentially conflicting trademarks is an essential part of any trademark protection strategy, but it is a particular necessity if you are to meet the deadlines associated with submitting objections (known as ‘oppositions’) to an attempted registration by a third party. In general, such oppositions need to be filed within a short period of time. Challenging trademarks after registration is a far more costly affair.

Grounds For Trademark Opposition

The opposition of Trademarks in Tanzania is provided for under Section 27 of the Trademarks and Services Marks Act of Tanzania as well as under Regulation 34 of the Trademarks and Service Marks Regulations of Tanzania. The Tanzania trademark law stipulates one can oppose a trademark application on the grounds that such an application does not satisfy the requirements of Part IV on registrability requirements. There are various reasons a trademark opposition may be opposed mentioned below:

• The trade or service marks is similar or identical to an earlier or existing registered trademark.
• The trade or service marks is devoid of distinctive character.
• The trade or service marks is descriptive.
• The trade or service mark registration application is made in bad faith.
• The trade or service mark is likely to deceive the public or cause confusion.
• The trade or service marks is contrary to the law or prevented by law.
• The trade or service marks which are identical with, or imitate the armorial bearings, flags and other emblems, initials, names, or abbreviations, or initials of name or official sign or hallmark of any state or of any organisation created by an International Convention, unless authorized by the competent authority of that state or international organisation
• The trade or service marks are filed by the agent or the representative of a third party who is the proprietor of the trade or service mark in another country, without the authorization of such proprietor, unless the agent or representative justifies his action.
• The trade or service marks resemble, in such a way as to be to deceive or cause confusion, an unregistered trade or service mark used earlier in Tanzania by a third party in relation to the same goods or services or closely related goods or services, provided that, an application for the registration of the earlier used unregistered trade or service mark is filed at the same time as the notice of opposition;
• The trade or service marks the use of which would be contrary to law or morality or which would be likely to deceive or cause confusion as to the nature, geographical or other origins, manufacturing process, characteristics or suitability for their purpose, of the goods or services concerned