TRADEMARKS CLASSIFICATION IN TANZANIA AND ZANZIBAR

• by : Admin
• December 01, 2023
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International Classification refers to a system known as Nice Classification, which used to categorize goods and services for the purpose of registering trademarks. From this system, goods and services are divided into 45 classes, whereby from classes 1 to 34 covers goods while classes 35 to 45 covers services. Each class represents a distinct category of goods or services. Through this system, it made it easier and ensure that trademarks are registered and protected consistently across different countries.

Like other many countries, Tanzania and Zanzibar adopted Nice Classification which as a result, simplified the trademark registration process by providing standardized framework for classification. It has also made it easier for both trademark offices and applicants to search and identify existing trademarks in a particular class and facilitates international trademark registration and protection.

Trade or Service marks shall be registered in respect of particular goods or services in one or more classes of the International Classification, and if any question arises as to which class does any goods or services fall shall be determined by the Registrar, who shall have the final decision.

THE PRINCIPLE OF TRADEMARK DISTINCTIVENESS IN TANZANIA

• by : Admin
• November 29, 2023
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In Tanzania trademarks with distinctive qualities qualify to be registered for protection. However, there are the distinctiveness levels of trademarks .The trade and service mark law of Tanzania provides that a mark shall be registered if it is distinctive. This can be found under the provisions of section 16(1) of the Act, namely Trade and Service Marks Act Cap 326 R.E 2002.

It means that the mark must be capable of distinguishing the goods or services produced or rendered by one company to another. The law prevents confusion among consumers and it protects businesses from unfair competition or unacceptable practice in trade.

It is possible to meet the condition or requirements for distinctiveness through different ways:

• • Trade or service mark is inherently capable of distinguishing. This means that a mark can have no direct relation to the goods or services they represent,such as a word representing electronic devices or gadgets which may not necessary having a definate meaning. And also by using suggestive marks,as a characteristic of distinctive of a mark means that a mark have a indirectly suggest qualities or characteristics of goods and services without describing them outright.
• • By reason of the use of the trade or service mark. This means that a mark are descriptive in the outset but they become distinctive over time due to extensive use and consumer recognition.

Further more it's requirement for trademarks in Tanzania to possess these distinctive qualities to enhance their protection and avoid potential conflict with existing marks or prior applicants whose applications for registration of their respective proposed marks are undergoing registration process.

LIMITATION OF COLOR IN TRADE AND SERVICE MARKS IN TANZANIA

• by : Admin
• November 27, 2023
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Limitation of colors in a trade or service mark, refers to the selection of a specific color or colors that are associated with a mark and may be considered in determination of distinctiveness.

Limitation of color for whole trade or service mark, is when a mark is presented by a single color and it’s used to protect and differentiate this mark from other marks in the market. For example the use of red color to protect a mark will prohibit others to use the same mark and color in their products, hence a proprietor will be able to dominate the market.

Limitation of color for using more than one color is when a mark is associated with colors that are used to determine it, for example trademark Pepsi is using three colors which are blue, white and red, these colors are playing a big role in determining and differentiate this mark with other marks, and also it protects a mark so that others can not be able to copy or use similar colors and name.

By protecting a Trade or Service Marks with a specific color will help to differentiate the mark with other marks in the market. And also it restricts other proprietors from copying or using the same characteristics that may confuse customers in the market.

ACQUISITION OF EXCLUSIVE RIGHTS IN TANZANIA

• by : Admin
• November 25, 2023
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The expression ‘’Acquisition of an exclusive right’’ means the way and how to obtain a title to or method by and through which one shall access entitlement to qualify for a claim of an exclusive right in respect of a particular subject matter of intellectual property, provided however that, the same is derived from creative mind or such mind works, for instance a trade or service mark, patent, industrial design, copyright and other related subject matters.

In essence, acquisition of an exclusive right presupposes the existence, thus, such an established legal framework that governs the parameters under which upon the respective compliance therewith, then the acquisition of desired exclusive right will be considered effectively exhausted depending on the prevailing procedural requirements. Even though, by and large, the legal frame work so established, is supposed and therefore expected, as a matter of package, to have contained, indeed, packaged with pieces, say, components of legislation that specifically spells out and therefore, dictates by way of provisions for acquisition of specific exclusive right as accordingly sanctioned in terms and by virtue of the corresponding legislation.

In Tanzania the legal frameworks that encompass issues for acquisition of exclusive rights have been and hitherto in place the same traceable from the colonial administration, effectively, the year 1920, to date, save for amendments that have had to be made as necessary as the prerequisites for development patterns of the day called for.

As afore said, the legal frame work for acquisition of exclusive rights is in place in the country, by the act of the prevailed legislative structure, no wonder, quite a number, or pieces of legislation have been enacted including but not limited to protection of subject matters of intellectual property, essentially such rights as derived therefrom. Thus, in the mainland of the United Republic of Tanzania, seldom referred to as ‘’Tanganyika’’ the law that guarantees protection of an exclusive right so acquires to a trade or service mark, it is cited as the Trade and Service Marks Act Cap 326 R.E.2002; whereas for patents and industrial Designs the relevant law is cited as the Patents (Registration) Act, Cap 217, R. E,2002. For copyrights, the relevant legislation is cited as the Copyright and Neighboring Rights Act (1999) R.E.2002.

In Zanzibar, unlike the arrangement in the mainland, with an exception of copyrights, acquisition of exclusive rights as derived from either of the subject matters of ‘’Industrial Property,’’ are safely packaged and therefore, covered under the law cited as the Industrial Property Act No 4 of 2008. However, in the case of copyrights, the relevant legislation is cited as the Copyright and Related Rights Act No 8 of 2003.

For purposes of practical application in matters pertaining to protection of intellectual property rights hence the acquisition of exclusive rights as accordingly foreseeable to be granted, one is at liberty to contact cum consult Donaldson and Wood, Advocates, with a view to obtaining proper guidance and professional advice in respect of the spectrum of legal services of your choice.