My trademark is very famous all over Africa but not registered in Tanzania. I recently got news from a friend in Tanzania that someone is trading in Tanzania under my trademark without my permission. I would like to seek legal guidance from you regarding my right to sue for infringement?

RG, Seychelles 

Unfortunately, you cannot sue. Well-known trademarks are protected in Tanzania but one cannot sue for infringement if such marks are not registered in Tanzania. Infringement is only available for owners of registered trademarks. This position was emphasized by the Court of Appeal in the case of JP Decaux Tanzania Limited v. JCDecaux SA & Another Civil Appeal No. 254 of 2021 where the Court held that even though the Respondent’s mark was well known worldwide, yet the Respondent had an obligation to abide by the local laws on protection of trademarks. In that regard, the Court noted that early registration of a trade or service mark is of paramount significance for one to successfully maintain a suit on infringement. The remedy which is available in your case is suing for passing off a trademark, which was not an issue before the Court. You can seek more guidance from your attorney, should you need to.