Failure to renew trademark

I own a brand name in Tanzania since 2018 and came across a BRELA publication few months ago that my brand will be removed from the register after the lapse of one month if I do not renew it. It is now over a month and I believe I’ve lost my trademark. What can I do?

OM, Dar es Salaam

It is true that the Registrar has a mandate under the trademark regulations to remove trademarks which have not been renewed. However, before the Registrar removes the trademark for non-renewal, she/he is required to give a one-month notice. Once a trademark is removed from the register, it means someone else may register such a trademark under their name. Nonetheless, there is a room for the owner of a mark which has been removed from the register to restore its mark depending on the reasons for its removal. This can be done by filling prescribed forms and pay fees for renewal and restoration of a mark. You will need to conduct a search before your lawyer can guide you what to do.

Surrender and abandonment of prospecting and mining areas

I am a chief operations officer of a Mining Company operating in Tanzania. Our company holds five Mining Licences (MLs) in Lindi region. Following our discussiona few months ago, our company would like to relinquish part of the area covered by one of its MLs because it has no intention of rehabilitating it. Does the law allow exclusion of certain areas? Is it possible to exclude part of the ML without endangering our company’s position? If so, what procedure should be followed? My reading of the Mining Act reveals two concepts, surrendering and abandonment couched in similar terms. Kindly guide.

TR, Lindi

All licensed areas for purposes of mining operations fall under the mandate of the Mining Commission, guided by the Mining Act, Cap. 123 [R.E. 2019] (the Act). Such mandate extends to rehabilitation of such areas upon mine closure. Our review of the Act reveals that certain areas can be excluded from rehabilitation through surrender or abandonment, provided that the land to be excluded has not been destroyed by the mining activities under the relevant licence.

In terms of procedure, an entity carrying out mining operations should apply to the Chief Inspector, not later than 90 days before the date on which it wishes the abandonment to have effect, for a certificate of abandonment.

The Chief Inspector issues a certificate of abandonment either unconditionally or with conditions as the Chief Inspector may determine. An application should identify the land to be abandoned and, if the application relates to only a part of the licensed area, should include a plan clearly identifying both the part to be abandoned and the part to be retained; state the date on which the applicant wishes the abandonment to take effect; give particulars of the operations which have been carried on under the licence on the land to be abandoned; and be supported by such records and reports in relation to those operations as the Chief Inspector may reasonably require.

A certificate of abandonment takes effect on the date on which it is granted to the applicant and where the certificate relates to the whole licensed area, the licence should be cancelled with effect from the same date; and in any other case, the licence is amended to take account of the abandonment. It should be noted, however, that abandonment of any land does not affect any liability incurred before abandonment takes effect, and any legal proceedings that might have been commenced or continued in respect of any liability against the applicant for the certificate may be commenced or continue against that applicant.

On the other hand, a prospecting entity may apply to the Mining Commission not less than 3 months before the date on which it wishes the surrender to have effect, for a certificate of surrender. The Mining Commission may issue the certificate of surrender either unconditionally or with conditions as it may determine. An application for surrender should identify the land to be surrendered and if the application relates to only a part of the licensed area, include a plan clearly identifying both the part to be surrendered and the part to be retained; state the date on which the applicant wishes the surrender to take effect; give particulars of the operations which have been carried on under the licence on the land to be surrendered; and be supported by such records and reports in relation to those operations as the Commission may reasonably require.

It is noted that the certificate of surrender cannot be issued if: the applicant is in default; fails to comply with the reasonable requirements listed above; the Commission is not satisfied that the applicant will leave the land to be surrendered and on which prospecting or mining operations have been carried on in a condition which is safe, which accords with good mining practice, and, as applicable, conforms to the requirements of the environmental management plan or the applicable Regulations relating to safety and environmental management; or if the Commission is not satisfied that the retained land is capable of being efficiently used or developed according to the terms of the licence.

Based on the foregoing, although sections 73 and 75 are substantially couched in similar terms, in practice, surrender is applicable to the land subject to the Prospecting Licence while abandonment applies to an area subject to an ML or Special Mining Licence. This is the reason an application for abandonment is specifically preferred to the Chief Inspector of mines contrary to surrender whose application is generally made to the Mining Commission regardless of who attends to it. Although the words ‘prospecting or mining operations’ as used under section 73 suggest that a mining entity can also apply for surrender, the appropriate route for mining activities is abandonment. Since your company is operating under the Mining Licence, the appropriate route is abandonment. The Mining Commission can guide you further on how to practically move forward.