Legal Update – 3 September 2025
Mandatory Trademark Rights Recording Commences in Tanzania
The Fair Competition Commission (FCC) has issued a public notice (the notice) announcing the commencement of a trademark recordation system for all goods imported into Mainland Tanzania. The trademark rights recordation follows the enactment of the Finance Act, 2025 which introduced a new section 11A to the Merchandise Marks Act [Cap. 85 R.E. 2023] which requires all trademarks associated with goods destined for import, regardless of their place of registration, to be recorded with the Chief Inspector of Merchandise Marks in the prescribed manner. The recordation system will take effect from 1 December 2025 and is a mandatory requirement
The above development marks a significant step in Tanzania’s efforts to strengthen border control, IP enforcement, hence reducing the risk of counterfeit goods entering the local market. The recordation requirement is intended to allow customs officials and inspectors to proactively identify and intercept counterfeit goods at the point of entry. Trademark owners, importers, and their legal advisors are encouraged to immediately review their trademark portfolios, collect the necessary documentation, appoint authorized representatives, and be ready for filing before the effective date.
It is worth noting that the procedures and documentation requirements for trademark recordation are detailed in the Merchandise Marks (Recordation) Regulations, 2025 (the Regulations). Regulation 3 of the Regulations requires applicants to submit written applications (Form FCC 1) to the Chief Inspector. The application must indicate, among other things, full details of the applicant; nationality of the trademark owner; or jurisdiction of incorporation in the case of companies; the place of manufacture of the goods; and a sample or clear photograph of the trademarked goods. Moreover, the application must provide information on any licensees or affiliated companies using the mark, along with a certified copy of the current trademark registration and proof of payment of the prescribed fees.
Furthermore, the Second Schedule to the Regulations sets out the applicable fees. The fee for the initial application to record a trademark is TZS 200,000. A change of ownership is subject to a fee of TZS 150,000 while a change of name costs TZS 100,000. Renewal of the recordation is charged at TZS 50,000, and applications for searches or certified copies of records are each charged at TZS 3,000. The initial recordal is for a period of 1 year with renewals required every year thereafter.
One of the most important practical implications of the new recordation regime is that from 1 December 2025 only duly registered and authorized representatives will be permitted to act before the FCC in relation to recordation matters. This means that trademark owners must properly appoint their agents or legal representatives and ensure that they are admitted and registered by the FCC. Unauthorized representatives will not be allowed to carry out any transactions or filings on behalf of the trademark owner. It is expected that non recordal of trademarks associated with goods with the FCC may lead to delays in clearing such goods from Tanzanian ports of entry.
To read the Notice click here
To read the Merchandise Marks (Recordation) Regulations, 2025 click here
