Legal updates and opinions
News / News
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.
Latest News
Trade mark your cannabis concept
Brand owners take note, the movement to legalise the possession and consumption of cannabis is real. With the growing global [...]
Hey administrator, did you consult with the public and stakeholders on that decision?
A win for communities and the environment, but yet another hurdle for an ailing mining sector. The impact of the [...]
Constitutional Court judgment: CCT 265/17 Maledu v Itereleng Bakgatla Mineral Resources
On 25 October 2018, the Constitutional Court in case number CCT 265/17 handed down judgment in an application for leave [...]
Dawn raid in a box
A dawn raid can be carried out on any business, big or small, and companies must be mindful of the [...]
New Commercial Courts to include intellectual property matters
On 3 October 2018, the Judge President of the Gauteng division of the High Court issued a Commercial Court Practice [...]
Different sanctions for employees who participated in an unlawful strike
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Does the application of different discipline and issuing of [...]
