As reported separately, Tanzania has amended its intellectual property legislation through the Written Laws (Miscellaneous Amendments) Act, No. 6 of 2026, effective from 2 October 2026.
As a result, Tanzania has taken an important step towards closing the enforceability gap affecting ARIPO trade marks and modernising its wider trade mark framework.
In September 2025, Tanzania’s Court of Appeal held that ARIPO trade mark registrations designating mainland Tanzania were not enforceable because the Banjul Protocol had not been incorporated into the Trade and Service Marks Act, 1986. ARIPO subsequently suspended mainland Tanzania as an eligible designation.
That position has now changed. Act No. 6 of 2026 introduces a new section 28A recognising ARIPO trade marks under the Banjul Protocol.
ARIPO recognition
The amendments give domestic effect to ARIPO trade mark registrations designating Tanzania, referring back to 1 September 1999 when the Banjul Protocol entered into force for Tanzania.
Some uncertainty remains, particularly over how historic ARIPO registrations will interact with national rights acquired before the amendment took effect.
ARIPO is consulting with the Tanzanian Trade Marks Registry on the operational steps required to lift the suspension. Until ARIPO issues its official notice, Tanzania should continue to be treated as unavailable for designation in an ARIPO application and new protection should be sought through a national filing.
Other trade mark reforms
The amendments also introduce several important changes:
Broader definition of a trade mark: The requirement for a mark to be a “visible sign” has been removed. The new definition expressly includes three-dimensional marks, colours and colour combinations, get-ups and holograms.
Collective and certification marks: These are now expressly recognised, strengthening protection options for associations, industry bodies and certification organisations.
Well-known marks: A clearer statutory framework has been introduced, including factors for determining whether a mark is well known and protection against marks that could impair or take unfair advantage of its distinctive character.
Earlier advertisement: In exceptional circumstances, the Registrar may advertise an application before acceptance, potentially bringing conflicting applications to rights holders’ attention earlier.
What should brand owners do now?
Brand owners with interests in Tanzania should review their trade mark portfolios now and consider:
Existing ARIPO rights: Identify ARIPO registrations designating Tanzania and assess their position following the legislative change.
New applications: Until ARIPO formally lifts the suspension, continue to use the national filing route for new protection in mainland Tanzania.
Wider protection: Consider whether the broader definition of a trade mark creates opportunities to protect additional signs.
Collective and certification marks: Associations and certification bodies should assess whether the new provisions provide additional protection.
Zanzibar: Remember that Zanzibar maintains a separate trade mark registration system and protection should continue to be secured separately.
If Tanzania is an important market for your business, now is a good time to review your existing protection and filing strategy. Do not hesitate to contact us to discuss the status of your ARIPO designations, national registrations and any opportunities for additional protection under the amended law.