Upon filing a trademark application, formality examination will be conducted and application number will be accorded if the application meets the prescribed requirements. If not, the application will be returned to the applicant for compliance. The returned application will be allotted application number only when the applicant complies.

The application proceeds to substantive examination upon allocation of application number. Under substantive examination, the registrar will focus on the registrability of the trade and service mark in accordance with the provisions of trademark law and regulation.

After such an examination, and consideration of the application, the Registrar may accept the application absolutely, or he may object to it, or he may express his willingness to accept it subject to such conditions, amendments, disclaimer, modifications or limitations as he may think right to impose.

What should you do when the registrar has objected your trademark? Below we have analysed the steps to take and what to consider in each step.

1. Understand the Nature of Objection: it is the responsibility of the registrar to give the applicant a notice of objection in writing. This notice among other things shall state grounds of objection(s). The ground may be likelihood of confusion with existing trademarks, descriptiveness of the trademark, lack of distinctiveness, mark contrary to law or morality, mark consisting armorial bearings of Tanzania, ensigns such as the President", "Republic" or "Tanzania, national flag of Tanzania. It is your duty as an applicant to carefully read the refusal notice you received from the registrar to find out the ground used to reject your trademark.

2. Understand the Proper Action and time: There are two ways to overcome objection. The first being applies for a hearing and the second being makes a considered reply in writing to those objections. The applicant has the freedom to choose the way to use it between the two. The allowable time within which either to file considered reply or apply for hearing is one month from the date of receipt of the notice of refusal.

3. Obtain Information: Use your sources to get complete information regarding the reason for the objection. Often the information here will differ depending on the ground of objection given by the registrar. If the ground of objection is because of the existing mark, then it is better to do a search and get complete information about that trademark. Other sources of information are like court decisions; laws and regulations and books based on the reason for the objections.

4. Consult Trademark expert: Although it may not be necessary but it is better to contact a trademark expert in Tanzania. This will be of great help to know Tanzanian practice, laws and various court decisions. This one can also help to advise a good way to overcome the refusal based on the Tanzanian experience. The other available means of overcoming the refusal are like amending the application or negotiating a coexistence agreement with the holder of a conflicting trademark.

5. Prepare and File Response: Depending on the method you have chosen, prepare your response and submit it to the registrar within the allotted time. Remember to use all the information you have collected and avoid using incorrect information. If your response will include evidence of documents, make sure that those documents meet the standards of evidence in Tanzania. After submitting your response, remember to keep a record of all documents and information related to the objection and your response for future reference.

6. Monitor Outcomes: The law does not set a deadline for the registrar to issue a decision immediately after filing a response. So, it is the responsibility of the applicant to ensure that he monitors the response filed. The registrar can communicate a response at any time, so failure to monitor may result in not meeting the deadline if the responses that came out give conditions or have rejected your submissions and you want to appeal to the court.

For more details on how to overcome trademark objection (approach and timing) in Tanzania, please do not hesitate to contact us

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