It is a mandatory requirement for Patents, utility mode, trade and service marks to be published in the Industrial Property Journal. The Tanzania Industrial Property Journal is the Official Journal of Patents, Trade and Service Marks for Tanzania Mainland. This Journal is issued every month by the Business Registration and Licensing Agency (BRELA). The Journal is published in pursuance of provisions of the Patents Act (Chapter 217), Trade Marks Act Chapter 326 RE 2002, respectively, of the laws of the United Republic of Tanzania and contain different information pertaining to Patents, Trade and Service Marks.
It is a requirement that, unless the application has been rejected or a patent has been refused a patent shall be granted and issued to the person making the application. Any patent granted shall be published as soon as possible by the Registrar upon payment of publication and grant fee. The publication of referent to the grant of patent in the Industrial property will include the following information: -
The number of the patent; the name of the owner of the patent; the name of the inventor; the name and address of the agent (if any); the filing date and number of the application; priority date and name of the country or countries in which or for which the earlier application was filed (this is when priority date is claimed); the effective date of grant of the patent; the title of the invention; the abstract; the most illustrative of the drawing, if any and the symbol of the International Patent Classification
The Patent shall be deemed to be granted on the date the registrar publishes a reference to the grant. The patent shall be issued to the applicant not later than four months from the publication of the grant and at that time, a certificate of grant will be issued.
The terms relating to patent publication above apply to Utility Mode too. Utility mode will be published in the Industrial Property Journal upon payment of publication and grant fee. Utility certificate will be issued to the applicant not later than four months from the publication.
When the Registrar has accepted an application for the registration of a mark or of a series of marks absolutely or has accepted it subject to conditions or limitations to which the applicant does not object, the mark will be published in the Industrial Property Journal. Any person may within sixty days from the date of any advertisement in Industrial Property Journal of an application for registration of a mark give notice to the Registrar of opposition to the registration. The notice shall include a statement of the grounds upon which the opponent objects to the registration. If registration is opposed on the ground that the mark resembles marks already on the register, the numbers of such marks and the numbers of the Journals in which they have been advertised shall be set out. The notice shall be accompanied by a duplicate which the Registrar shall forthwith send to the applicant.
The publication is intending to give information to the public about new industrial property applications and for publishing other matters required to be published. The announcement, among other things, provides information on the prescribed time to undertake a certain action. If that time expires, you will be deemed to have lost your right.
If you need more information/assistance on Patents, Trade and Service Marks matters in Tanzania, please do not hesitate to contact us.
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