Local Filing Required for Trademark Protection

Tanzania’s highest court has ruled that ARIPO trademark registrations designating Tanzania are not enforceable in the country, as the Banjul Protocol on Marks has not been ratified or incorporated into national law. Although Tanzania is a signatory to the Protocol, international agreements take effect domestically only once enacted through local legislation.

This ruling confirms that trademark protection in Tanzania is governed exclusively by national law, under which rights arise through direct local registration. As a result, trademarks registered via ARIPO that designate Tanzania do not grant enforceable rights and are not recognized by Tanzanian authorities or courts.

The decision underscores the territorial and first-to-file principles that define the country’s trademark system, emphasizing that protection applies only within the jurisdiction of registration and that ownership is granted to the first applicant under national procedures.

Rights holders relying on ARIPO designations are advised to review their portfolios and ensure that essential marks are filed directly with the national trademarks office. Local registration remains the only valid means to secure enforceable protection and pursue infringement claims. Businesses operating across the region should also reassess their filing strategies, as not all ARIPO member states have fully domesticated the Banjul Protocol.