On 5 June 2026, African IP firm Adams & Adams reported that the Fair Competition Commission (FCC) in Tanzania has clarified that trademark recordal applications supported by foreign, international or ARIPO registrations will not be accepted.

Background

Trademark recordal with the FCC is an important prerequisite for anti-counterfeiting enforcement in Tanzania. The wording of the relevant regulation previously suggested that foreign trademark registrations could be relied upon, creating uncertainty in practice. The more stringent position follows the Tanzanian Court of Appeal's decision in Lakairo Industries Limited, in which the Court declined to enforce an ARIPO registration in Tanzania and reaffirmed the principle of territoriality.

Key Points

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. Accordingly, the FCC requires recordals to be based exclusively on valid Tanzanian national registrations.

Going forward, brand owners who do not yet hold Tanzanian national registrations must file local applications and await registration before proceeding with any recordal.

Practical Implications

Rights holders who have relied on Madrid designations, ARIPO registrations or foreign registrations for protection in Tanzania should review their portfolios, identify marks actively used in the Tanzanian market and prioritise these for national registration. Depending on how the brand is deployed, recording only core or house marks may be commercially sufficient. Securing national registrations early is essential for effective enforcement in Tanzania.

Source: Adams & Adams (original)