Newsflash: FCC’s approach to recordation based on international and/or foreign trademark registrations
The Fair Competition Commission (FCC) in Tanzania has clarified that trade mark recordal applications supported by foreign, international, or ARIPO registrations will not be accepted. While the wording of the relevant regulation previously suggested, that foreign trade mark registrations could be relied upon, trade mark recordals must be based exclusively on valid Tanzanian national registrations.
This more stringent position follows the decision of the Tanzanian Court of Appeal in Lakairo Industries Limited, in which the Court declined to enforce an ARIPO registration in Tanzania and reaffirmed the principle of territoriality. Although ARIPO provides a regional filing mechanism, its effect in member states is contingent upon domestic recognition. In Tanzania, the Banjul Protocol has not been fully domesticated, and ARIPO registrations are therefore not treated as equivalent to national registrations for enforcement purposes.
Going forward, brand owners who do not yet hold Tanzanian national registrations are required to file local applications and await registration before proceeding with any recordal.
This development underscores the importance of securing national trade mark protection in Tanzania. Brand owners should review their portfolios to identify marks that are actively used in the Tanzanian market and prioritise these for local registration. In appropriate cases, it may be commercially sufficient to record only core or house marks, depending on how the brand is deployed in the market.
In light of this clarification, brand owners are encouraged to take proactive steps to obtain Tanzanian trade mark registrations to ensure effective enforcement and robust protection of their rights.
Godfrey Budeli
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