Legal Update | Fair Competition Commission (FCC), Tanzania

Tanzania FCC clarifies its position regarding the use of foreign trade mark certificates in support of the Mandatory recordation:

28 July 2026 | Fair Competition Commission (FCC), Tanzania.

The Fair Competition Commission (FCC) has issued an important clarification regarding the eligibility of foreign trade mark registrations for use in support of the applications for Mandatory trade mark recordation under the Merchandise Marks Act, Cap. 85 R.E. 2023 and the Merchandise Marks (Recordation) Regulations, 2025.

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Key Takeaways

FCC confirms acceptance of foreign trade mark registrations for recordation purposes:

The Fair Competition Commission (FCC) has recently provided welcome clarification on the treatment of foreign trade mark registrations for recordation purposes, creating new opportunities for brandowners seeking to strengthen their Anti-Counterfeiting enforcement strategies in the jurisdiction.

The FCC has confirmed that trade mark registrations obtained outside Tanzania may be relied upon when submitting recordation applications in Mainland Tanzania. This clarification resolves longstanding uncertainty regarding whether only locally registered trade marks could be recorded.

The FCC’s position is that the applicable legal framework does not distinguish between local and foreign trade mark registrations for recordation purposes. As a result, brandowners who hold trade mark registrations in foreign jurisdictions may now seek recordation in Mainland Tanzania, even where a corresponding Tanzanian registration has not yet been secured.

This development significantly broadens access to the recordation system and provides an additional tool for brandolders seeking greater visibility over potentially infringing imports or illicit and/or counterfeit goods entering the Tanzanian market.

The FCC confirmed that the Mandatory Recordation Regulations do not distinguish between local and foreign trade mark registrations for recordation purposes. Accordingly, mandatory recordation applications may be supported by either the Tanzanian or local trade mark registration certificates, or Foreign trade mark registration certificates, provided that all prescribed recordation requirements are met.

While this clarification is a positive step, the FCC has emphasized an important distinction between the FCC Mandatory recordation and enforceable trade mark rights.

The FCC has confirmed that recordation serves primarily as an administrative border monitoring mechanism. Recordation enables law enfacement authorities and the Chief Inspector to monitor imports and maintain surveillance over goods that may infringe recorded trade mark rights. However, recordation alone does not create enforceable trade mark rights in Tanzania.

To benefit from active enforcement measures, including border seizures and ex-officio detention of suspected counterfeit goods, brandholders must have trade mark protection under the substantive laws of Mainland Tanzania. This generally requires:

• Registration of the trade mark under the Trade and Service Marks Act; or
• Protection secured through a recognised international registration system that extends protection to Tanzania.

Accordingly, a trade mark registered exclusively in a foreign jurisdiction may be incorporated in the recordal, but such recordation will not, on its own, entitle the brandholder to full border enforcement measures.

Nevertheless, the Mandatory recordation remains a strategically and valuable enfecment too. It can:

• Establish formal monitoring of a brand;
• Generate intelligence regarding suspected counterfeit imports;
• Create an official record of rights with the relevant authorities; and
• Assist brandholders in identifying potential infringement risks within the market.

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Recommended approach for maximum protection:

Considering the FCC’s clarification, brandowners with commercial interests in Mainland Tanzania should review their trade mark protection and enforcement strategies.

We recommend a multi-pronged approach including the following components:

1. Immediate filing of the recordation: File recordations based on existing foreign trade mark registrations to establish official monitoring and enhance visibility over potentially infringing imports’

2. Secure local trade mark protection: Prioritise Tanzanian trade mark filings for key brands and commercially important marks to unlock the full range of border enforcement measures available under local law; and

3. Review existing recordal: Conduct an audit of existing recordations and initiate administrative renewals where necessary to ensure continued monitoring and protection.

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Interim position on renewals:

The FCC has also addressed the issue of renewals for existing recordals. Although formal regulations and prescribed renewal forms have not yet been published, the FCC has confirmed that renewals continue to be processed administratively under the direction of the Chief Inspector. Brandholders with recordations approaching expiry dates should therefore not delay renewal efforts pending the introduction of formal renewal process and procedures.

We recommend that all existing recordala be reviewed promptly to ensure continuity of customs monitoring and to avoid lapses in protection.

Further updates will be provided once formal renewal regulations and prescribed forms become available.

This clarification provides greater certainty for foreign rightsholders seeking to utilize Tanzania’s recordation system. However, brandowners should note the distinction between:

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Need Advice on Trade Mark Protection in Tanzania?

How we can assist:

Our Anti-Counterfeiting Practice Group is available to assist with:

• The required recordation applications in Mainland Tanzania;
• Renewal of existing recordations;
• Tanzanian trade mark filing and prosecution;
• Portfolio reviews and enforcement strategy assessments; and
• Establishing and implementing effective Anti-Counterfeiting and border enforcement programmes across Africa.

Should you require assistance in reviewing your trade mark portfolio, conducting gap-analysis and strategic filing programme,  implementing sustainable and effective enforcement strategy, please do not hesitate to contact us.

For further information, please contact our Anti-Counterfeiting Practice Group @ TanzaniaFCCRecordals@adams.africa