The United Republic of Tanzania is a result of joint union of two Countries Tanganyika and Zanzibar. These two countries united in 1964 whereby through the Union charter they agreed on issues of union matter and issues not of Union matters, as it is well stipulated in the Constitution of the United Republic of Tanzania under article 4 (3). Intellectual Property forum is not a subject of union matter it operates as a different legal jurisdiction. Zanzibar has own legal jurisdiction as well as Tanganyika has own legal jurisdiction that regulating Intellectual Property affairs. In Tanganyika the only regulatory authority for Intellectual Property forum is called, Business Registration and Licensing Authority i.e. (BRELA), and the regulatory authority for Zanzibar as far as Intellectual property is concern is called Business and Property Registration Agency i.e. BPRA.

One of the crucial contesting aspect in Intellectual Property is Trade/service mark opposition, in a short brief this passage tries to explain the procedures and practice on filing opposition to both Tanganyika and Zanzibar.

Mainland Tanzania

The laws of Trade/service mark in Tanzania provides for the general procedures and practice on how to file a notice of opposition in case opponent wants to object the registration of a mark. Initially, the procedures are explained from when the notice of opposition filed up to the determination and finalization of the mater.

Firstly, after the mark has been filed by the Applicant, the Registrar shall cause it to be published in the official Gazette.

Secondly, Then, within a period of Sixty days from when the mark has already been filed and published the opposing party or any interested party has the right to file a notice of opposition which consist a statement of the grounds upon which the opponent/ opposing party objects to the registration. A copy must be served to the other party (Applicant of the mark).

Thirdly, upon receiving the copy of Notice of Opposition, the Applicant of the mark within a period of Sixty days has to file a counter Statements responding the Opposition statements. The counter statement shall setting out the grounds in which he relies on supporting his application. And the copy thereto has to be filed to the other party (the Opposing party).

Fourthly, within a period of Sixty days after the opposing party has received the Copy of Counter Statements shall cause to submit evidence by way of Statutory Declaration, and the copy must be served to the other party.

Fifth, within a period of Sixty days from receiving the copy of statutory Declaration the Applicant of the Mark has to file evidence in reply to statutory declaration and serve the copy to the other party.

Sixth, within a period of sixty days from receiving the copy of evidence in reply by the applicant, the Opposing party has to file evidence in reply. That evidence must be confined only to the matters strictly in reply and serve the copy to the other party.

Lastly, after the parties has finalized their submissions, the Registrar shall arrange the matter to hearing where both parties has to appear and defend their positions on the Contesting mark. Thereafter the Registrar shall deliver the decision, in case of either party unsatisfied by the decision of the Registrar may appeal to High court.

Zanzibar

In Zanzibar the procedures are almost the same but not similar, the differences is only imposed on time limit in handling the whole process of opposition. The procedures to file opposition and determination of the matter are explained below;

Firstly, after the mark has been filed by the Applicant, the Registrar shall cause it to be published in the official Gazette.

Second, within a period of Sixty days from when the mark has already been filed and published the opposing party or any interested party has the right to file a notice of Opposition and the copy of the opposition statement must be served to the other party (Applicant of the mark). NB: The period may be further extended for thirty days upon application to the registrar upon justified circumstances.

Thirdly, upon receiving the copy of the Opposition statements, the Applicant of the mark within a period of Sixty days has to file a counter Statements responding the Opposition statements. And the copy thereto has to be filed to the other party (the Opposing party).

Fourth, within a period of Ninety days after the opposing party has received the Copy of Counter Statements shall cause to submit a considered evidence in support of the grounds of opposition, and the copy must be served to the other party.

Fifth, where a person opposing the registration of a mark with no evidence shall be deemed the opposition to have been withdrawn unless the Registrar directs otherwise.

Sixth, Within a period of ninety days from receiving the copy of Considered evidence, the Applicant of the Mark has to file evidence in reply supporting the Registration of a mark, that evidence must be confined only to the matters strictly in reply and serve the copy to the other party.

Lastly, after the parties has finalized their submissions, the Registrar shall arrange the matter to hearing where both parties has to appear and defend their positions on the Contesting mark. Thereafter the Registrar shall deliver the decision, in case of either party unsatisfied by the decision of the Registrar may appeal to High court.

Generally, the procedures are well highlighted in both of the laws in Tanganyika and Zanzibar. Extension of time on particular circumstances may be granted in case of lapse of time in every stage but dispends on the discretion of the Registrar. The efficiency of regulatory authorities in the two jurisdictions in handling the Intellectual Properties affairs are highly recommended.

If you need more information/assistance about trademark opposition in Tanzania, please do not hesitate to contact us.

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