Imitation of unregistered well-known brand

I am a director of a premium South African coffee brand and presently in Dar es Salaam. We have been in operation globally since 2018 and currently have millions of social media followers and features prominently in international travel magazines, but have no physical shops or trademark registrations in Tanzania. In early 2025, a local Tanzanian entrepreneur noticed the brand’s international success. They quickly filed a trademark application and secured registration of the exact same name and logo for ‘coffee and cafe services.’ We have recently decided to open our flagship East African cafe in Arusha. Upon arrival, we received a cease and desist letter from the local entrepreneur, demanding heavy licensing fees or a total brand shutdown. We find ourselves in a difficult predicament and request your counsel regarding this dispute.

JM, Dar

While our laws usually grant ownership to whoever registers first, that title becomes invalid if obtained unlawfully. Specifically, a trademark cannot be legally registered if it imitates a brand that is already well-known in Tanzania for similar products. Because of this, a local Tanzanian entrepreneur’s early registration can be overturned if it violates well-known mark protections. However, the burden is on you to prove your brand holds that special status locally. In practice, establishing that a mark is ‘well-known’ without actual local sales is highly challenging in Tanzanian Courts, as judges heavily prioritize local market evidence over international reputation. You can consult local counsel for further guidance.