An Analysis of Legal, Institutional and Practical Challenges During Registration of Trademarks in Mainland Tanzania.

Mawji, Dimesh Surendra (2025) An Analysis of Legal, Institutional and Practical Challenges During Registration of Trademarks in Mainland Tanzania. Doctoral thesis, The Open University of Tanzania.

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Abstract

This study examines the legal, institutional, and practical challenges during trademark registration in mainland Tanzania, with a particular focus on administrative inefficiency and the absence of effective control mechanisms in the existing trademark legislation. It employs a mixed methodology combining doctrinal, empirical, and benchmark analysis and draws on primary data from legislation and secondary data from interviews with key stakeholders, including legal practitioners, trademark owners, and officials from the Business Registration and Licensing Agency (BRELA). The findings reveal significant gaps within the legislative framework and administrative processes, underscoring the need for urgent reform. The analysis shows that the Trade and Service Marks Act of 1986, inherited from colonial-era laws, grants the Registrar broad powers without establishing specific timeframes for essential administrative actions such as examination, advertisement, and registration. This lack of regulatory oversight has resulted in prolonged delays, which disadvantage service seekers, hinder business innovation, and create opportunities for corrupt practices. The study further explores the incompatibility of Tanzania's trademark regime with international frameworks such as the Madrid Agreement and its Protocol, as well as the regional system under the African Regional Intellectual Property Organisation (ARIPO). It concludes by proposing targeted amendments to introduce time-bound administrative provisions and establish legal or judicial remedies for undue delays. Additionally, it recommends harmonising national law with international and regional standards to facilitate trademark registration beyond domestic borders. Adoption of these reforms would enhance efficiency, transparency, and competitiveness within Tanzania's trademark system, benefitting both the business community and the national economy.

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