Tanzania introduces mandatory trade mark recordal for imported goods

In a significant move to bolster intellectual property enforcement and combat counterfeit goods, Tanzania has announced the implementation of a mandatory trade mark recordal system for all goods imported into mainland Tanzania.  This system, set to take effect on 1 December 2025, mirrors similar initiatives in other jurisdictions, most notably its neighbour Kenya’s Anti-Counterfeit Authority (ACA) recordal regime.

The new system will be administered by the Fair Competition Commission (FCC) and stems from the Merchandise Marks Act and accompanying regulations.  Under this legislation, all trade marks associated with imported goods must be recorded with the Chief Inspector of the FCC in order to allow clearance of goods at the Tanzanian ports of entry. 

Similarly to Kenyan ACA recordals, Tanzanian FCC recordals will be valid for one year from the date of approval, with renewal required thereafter.  However, we understand that Tanzanian recordals must be based on a Tanzanian trade mark registration, whereas Kenya allows foreign basis.

More assuring, however, is the absence of any provision deeming it an “offence” for parties to fail to record their trade mark rights.  Nevertheless, it is a mandatory statutory requirement for anyone wishing to import goods and therefore the customs authorities, in collaboration with the FCC, may simply seize or refuse to clear the goods without compliance, with a default assumption that they are counterfeits.

Whilst the motive behind this new legislation of strengthening border control and IP enforcement is welcome, it becomes another cost and administrative procedure for rights holders to manage and one that could arguably be coordinated internally between two governmental bodies as part of the trade mark registration process.

This matter is in its infancy and we expect further clarification and developments to be issued by the FCC in due course, however in the meantime we recommend that all rights holders with interests in the region to:

1.      Review your IP portfolio to identify all trade marks associated with goods imported into mainland Tanzania;

2.      Ensure these trade marks are valid, renewed and in the correct ownership;

3.      Collate the necessary documentation* that will be required for recordal, particularly details of licensees and digital images of goods showing the trade marks;

4.      Appoint representation to act before the FCC, noting that existing authorisation to act at the Tanzanian IPO is insufficient.

It is important to note that this legislation specifically refers to mainland Tanzania and therefore does not apply to Zanzibar, which maintains its own intellectual property laws.

If you have any further questions, please get in touch with your usual Lysaght contact.

*An application for recordal should include the following:

•       Full particulars of the applicant (name, address, and contact details);

•       Nationality or incorporation details of the trademark owner (or partners/association, where applicable);

•       Place of manufacture of the goods;

•       A sample of the trade marked goods or clear digital photographs;

•       Details of authorised licensees using the trade mark;

•       Information on any parent, subsidiary, or affiliated companies using the trade mark abroad;

•       A certified copy of the current trade mark registration in the applicant’s name;

•       Proof of payment of the prescribed application fees.