The registration of a trade or service mark in Tanzania shall be for a period of seven years from the date of registration but may be renewed. The trade or service mark can be renewed for a period of ten years from the date of expiration of original registration or of the last renewal of registration.
For Zanzibar the registration of a trade or service mark shall be for a period of ten years from the date of registration but may be renewed. The trade or service mark can be renewed for a period of seven years from the date of expiration of original registration or of the last renewal of registration.
The non-renewal of a trademark registration results in the immediate loss of exclusive rights to the mark, making it vulnerable to use or registration by others without legal protection. In Dew Drop Drinks Company Limited vs. Lemon Dove Company Limited, Civil Case No. 000026624 of 2025, the trademark “Dew Drop” was registered in Tanzania on 3 February 2016. It expired on 3 February 2023. The plaintiff instituted the suit on 29 September 2025 two years or so after lapse of 7 years. The defendant raised an objection regarding the validity of the subject trademark. The objection the allowed and the suit was dismissed. Among other things the court held that,
...Once a trademark registration lapses without renewal, it ceases to have legal force and no exclusive statutory rights may accrue from it. Therefore, it is clear to me that, there is a nexus between the plaintiff’s failure to act, i.e. renew the service mark, on the one hand, and the rights she wishes to enforce, on the other. It goes to the old maxim of equity, he who goes to equity, must go with clean hands. The plaintiff therefore has no such rights... (see p10 of the decision).
Per the decision in Dew Drop cases above and Trademark laws, once a trademark registration lapses without renewal, it ceases to have legal force and no exclusive statutory rights may result from it. You are not entitled to institute any proceedings to prevent or to recover damages for infringement of trade or service mark. You cannot prevent others from using the identical or similar Mark in the related business.
In other hands, other competitors can use and finally Register the identical mark effectively taking over your brand identity to run their business effectively.
To crown it up, when the initial seven years period is about to end, the trademark owner is not automatically entitled to continue protection. Instead, they must carry out renewal procedures to renew the protection period for their trademarks. The advantages of a trademark protection are ability to maintain ownership almost indefinitely. After the expiration of the first seven-year period, the trademark can be renewed several times. There is no limit to the number of renewals, as long as the owner still meets the requirements of the law, including paying the renewal fee on time, and the trademark is still in use or has a good reason for not using it subject to specific Laws and regulations on maintaining validity of the Trademark.
The contents of this publication are intended for general information purpose only and not to constitute legal advice. For any assistance or further information regarding trademark registration & renewal in Tanzania and Zanzibar, please do not hesitate to contact us.
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