Registering a trademark in Tanzania is the easy part. Enforcing it - stopping a competitor trading on your reputation, clearing counterfeits from the market, defending the mark against a challenge - is where rights are won or lost. Recent enforcement practice offers a clear lesson for brand owners: the strength of your enforcement position is built long before the dispute arises.
The Statutory Basis
Trademark protection on the Mainland is governed by the Trade and Service Marks Act, Cap. 326, administered through the registry at the Business Registration and Licensing Agency (BRELA). Registration confers the exclusive right to use the mark for the goods or services covered and the standing to sue for infringement. It is a territorial right: a mark registered elsewhere in the region does not, of itself, protect the owner in Tanzania, which is why regional and pan-African filing strategies matter for businesses that trade across borders.
Infringement and Passing Off
Two causes of action run in parallel. Infringement protects the registered mark and turns on whether the defendant’s sign is identical or confusingly similar for the same or similar goods. Passing off protects the goodwill attaching to an unregistered mark or get-up, and requires the claimant to prove reputation, misrepresentation and damage. A registered proprietor generally sues in infringement because it need not re-prove reputation from scratch - the register does that work - which is the single most practical reason to register rather than rely on use alone.
What the Recent Decisions Emphasise
The pattern emerging from recent enforcement is that courts and tribunals reward the claimant who arrives with a clean, documented chain: a valid registration in the correct class, evidence of genuine use in the market, and prompt action against the infringement rather than years of tolerated coexistence. Delay is repeatedly fatal. A proprietor who watches an infringer build a business on a similar mark and only complains once that business succeeds will meet arguments of acquiescence and honest concurrent use that a swifter claimant would never face.
Non-Use and the Vulnerability of Idle Marks
A registration that is not used is exposed. A mark that has not been put to genuine use for the prescribed continuous period can be removed from the register on application by a party who wants it. Defensive registrations that sit idle, or marks registered for a broad specification the owner never trades under, are therefore not the fortress they appear to be. Enforcement strength depends on using the mark you are trying to protect, and on the record showing it.
Building the Position Early
The brand owners who enforce successfully are those who registered in the right classes at the outset, kept dated evidence of use, watched the register for conflicting applications and opposed them in time, and moved quickly when infringement appeared. Enforcement is not a step you take only when trouble arrives; it is the payoff of housekeeping done consistently beforehand. The counterfeit seizure and the injunction are downstream of a well-kept file.
For general information only - this material does not constitute legal advice.
George Bega is an Associate Lawyer and an active member of the firm’s Dispute Resolution practice, specialising in litigation and advisory services. He supports clients in resolving disputes…
View profileHave a question about this update?
Speak with our team for confidential, partner-led counsel.
Book a Consultation
