Tanzania: ARIPO Trade Mark Designations Confirmed Invalid - National Filings Now Required

Written By Richard Stilwell

The Court of Appeal of Tanzania has confirmed that trade mark registrations obtained through ARIPO designations have no legal effect in mainland Tanzania, following a ruling delivered on 26 September 2025 in Lakairo Industries Group Co. Limited & Others v. Kenafric Industries Limited & Others.

The decision has immediate and practical consequences for brand owners. Because the Banjul Protocol was never incorporated into Tanzanian domestic law, ARIPO-based trade mark rights cannot be enforced under the Trade and Service Marks Act, 1986. As a result, businesses seeking protection in mainland Tanzania must now rely solely on national trade mark filings.

Tanzania suspended from ARIPO system

As a direct consequence of the decision, The Tanzanian Business Registrations and Licensing Agency (BRELA) instructed ARIPO to stop accepting designations for Tanzania, and ARIPO has since notified users that Tanzania is “ineligible for designation” under the Banjul Protocol until further notice. Tanzania has been removed from ARIPO’s forms and systems, meaning new filings cannot include it and old designations that purported to cover Tanzania must now be treated as having no enforceable effect.

The ruling applies specifically to trade marks, not to other categories of intellectual property, and it affects only mainland Tanzania. Zanzibar continues to operate its own registry and legal framework, so brand owners with interests there should continue to manage protection separately (though ARIPO is not considered to cover Zanzibar, either).

Action required by brand owners

In practical terms, businesses seeking trade mark protection in mainland Tanzania must now proceed through national applications filed directly with the local Intellectual Property Office. Any enforcement activities premised solely on ARIPO designations are now baseless, and companies may need to adjust their strategies accordingly. A portfolio review is also essential to identify ARIPO registrations previously assumed to cover Tanzania; these will need to be replaced by national filings for continued protection.

ARIPO has indicated that Tanzanian authorities are exploring ways to domesticate the Banjul Protocol, though no timetable has been given. Until there is legislative change, national filings remain the only defensible basis for trade mark rights in mainland Tanzania.

Richard Stilwell

Richard is a Chartered Trade Mark Attorney and manager in the Patents and Design department.  He is responsible for overseeing and managing the day-to-day operations of the department, as well as being part of operational working groups to develop and enhance internal policies and procedures. Richard graduated from the University of Leeds in 2012 with a Master’s degree (with Distinction) in Medicinal Chemistry, which included a placement year with a major U.K. pharmaceutical company. He joined Lysaght in 2015 and has worked in the IP industry for over ten years. In 2016 Richard was awarded the Postgraduate Certificate in Intellectual Property (with Distinction) from Bournemouth University, and he became a Chartered Trade Mark Attorney in 2018. He adds a considerable skill set to the company, where he is responsible for a wide-ranging portfolio, particularly for patent cases in the Caribbean and Middle East.  In his dual role, Richard also handles prosecution and contentious matters within the trade mark department in several complex jurisdictions.

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