Infringement of unregistered trademark

We are a commercial enterprise in Mwanza, selling packaged beans bearing our unregistered brand name since 2024. We managed to build a solid local customer base and acquire local goodwill. In 2026, we noticed that one of small entrepreneur’s in Dar es Salaam uses a nearly resembling brand name and had launched a competing product line. We have been told that we cannot sue for trademark infringement. Kindly advise.

RT, Dar es Salaam

It is true that you cannot file a Trademark Infringement claim for an unregistered brand, as Statutory Protection is strictly limited to officially Registered Trademarks. However, that doesn’t mean you have no recourse.

You can still file a case against the counter party and seek financial compensation through a common-law claim for passing off. You will need to prove goodwill, misrepresentation and damages. Your lawyer can guide you further.