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Tanzania introduces Trade Mark Rights Recordation for all imports
by Donvay Wegierski, Director and Andreya John, Candidate Attorney
As of 1 December 2025, in an initiative administered by the Fair Competition Commission (“FCC”), Tanzania will implement Trade Marks Rights Recordation as a precondition for marks relating to goods which are imported into mainland Tanzania. This is in accordance with Section 11A of the Merchandise Marks Act, 1963 (as amended) and the Merchandise Marks (Recordation) Regulations, 2025.
Trade marks are territory specific however if the mark is not yet registered in Tanzania but elsewhere, those registrations are also valid for Recordation in support of the broader regulatory framework.
Tanzania joins other African countries in recognising that customs and intellectual property recordations with the relevant authorities proactively address anti-counterfeiting, protecting and defending intellectual property rights (“IPR”). IPR recordations assist authorities in recognising, seizing and detaining counterfeit or unauthorised goods particularly at borders and ports.
Section 11A of the Merchandise Marks Act, 1963 (as amended) provides that trade marks on imported goods into Tanzania shall be recorded with the Chief Inspector of the FCC. Failure to comply may result in customs authorities seizing or denying clearance of unrecorded imports, assuming them to be unauthorised or counterfeit, disrupting supply chains and business operations.
As of 1 December 2025, only agents formally appointed through a valid Power of Attorney will be authorised to act on behalf of trade mark owners in all matters relating to Trade Mark Rights Recordation before the FCC. The Public Notice No. 352F published on 30 June 2025 can be accessed here.
To apply for Recordation, Applicants must submit the following:
- Full particulars of the applicant;
- Nationality or jurisdiction of incorporation of the trade mark owner;
- Place of manufacture of the goods;
- A sample or clear digital photographs of the goods;
- Details of licensees and the nature of their authorisation;
- Information on parent, subsidiary, or affiliated companies;
- Certified copies of relevant trade mark registration certificates;
- Proof of payment of the application fee.
The Chief Inspector is required to decide on the application within twenty-one days of receipt and communicate the decision within five days thereafter. Once approved, recordations are valid for one year and renewable annually. Any changes in ownership or registrant details must be promptly reported, and the recordation will be cancelled if the associated trade mark registration is revoked or cancelled.
A recordation register will be maintained by the Chief Inspector, and authorised individuals may request access or copies upon payment of the prescribed fee.
Please contact the Werksmans Intellectual Property Team for further assistance.
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