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
Implications on Mining Communities in the ‘New Minerals’ Revolution
The advent of the of the discovery of new critical minerals in the quest to fulfil the growing demand for [...]
Sand Hawks (Pty) Lt d and Another v Labonte 5 (Pty) Ltd and Others [2024] ZASCA 122 (16 August 2024)
Tshegofatso Matlou - Candidate Attorney In this decision the Supreme Court of Appeal ("SCA") was required to determine whether the [...]
Business Rescue: A tool for the realignment of capital resources in a distressed environment
In September 2024, corporate restructuring and business rescue remains an active area of practice. The market is seeing financial distress [...]
Is Government Moving in the Same Direction: Will Rapid Deployment of Electronic Communications Networks Facilities Be Realised Soon?
Kuhle Joja- Candidate Attorney Over a decade ago, the national department of communications recognised that the lack of always- available, [...]
Sparking Entry into the Electricity Market
Solar energy remains a desirable source of electricity for businesses even "after" loadshedding, but high costs can be prohibitive. The [...]
Small To Meduim Enterprises Filing For Business Rescue
Dr. Eric Levenstein, Director and Head of our Insolvency & Business Rescue practice area, spoke to eNCA discussing the [...]