Introduction

A new chapter unfolds at mainland Tanzania’s ports of entry, where the nation is fortifying its marketplace by safeguarding intellectual property and limiting the influx of counterfeit goods. On 30 June 2025, Tanzania introduced the Merchandise Marks (Recordation) Regulations, GN No. 352F of 2025 (hereinafter the Regulations) with effect from 1July 2025.

The trademark recordation system follows the enactment of the Finance Act, 2025 which under section 74 introduced a new section 11A to the Merchandise Marks Act [CAP. 85, R.E 2023] which requires that all trademarks associated with goods destined for import, regardless of their place of registration, be recorded with the Chief Inspector of Merchandise Marks in the prescribed manner. Thus, noteworthy, on 1 September 2025, the Fair Competition Commission (FCC) issued a Public Notice notifying the general public that beginning on 1 December 2025, every trademark appearing on goods imported into Mainland Tanzania must be formally recorded with the Chief Inspector of Merchandise Marks.

 

Why customs recordation?

1. Brand Protection

Trademark recordation primarily functions as a shield for brand owners. In today’s interconnected trade environment, counterfeiters often exploit gaps at borders to sneak in imitations that closely resemble genuine products. Once in the market, these fakes not only divert revenue from rightful owners but also damage consumer confidence when the inferior quality of counterfeit goods is wrongly associated with the authentic brand.

Through recordation, businesses create an official link between their trademarks and goods imported into MainlandTanzania. This proactive step ensures that customs authorities have accurate reference data to distinguish genuine products from illicit imitations. In doing so, brand owners preserve their hard-earned reputation, maintain consistent product standards and sustain consumer loyalty.

2. Empowering customs to combat counterfeiting

Trademark recordation empowers customs officials with the right tools to detect and stop counterfeit goods before they infiltrate the Tanzanian marketplace. Traditionally, customs officers have faced challenges in distinguishing between genuine and fake products, especially when counterfeiters employ sophisticated packaging that closely mirrors authentic goods.

Trademark recordation addresses this gap by creating a structured and accessible database of registered trademarks that customs can consult during inspections. With this information, officers are better positioned to recognize counterfeit consignments, promptly intercept them and prevent their circulation. This proactive system transforms customs into the first line of defense against counterfeiting, rather than leaving the burden solely on brand owners to pursue lengthy and costly enforcement actions once goods are already on the market.

3. Providing a clear legal framework for dispute resolution

Trademark recordation system provides a clear legal framework for dispute resolution by establishing an official and centralized registry of trademark rights, which removes ambiguity over ownership and priority of marks. Once a trademark is recorded, it serves as prima facie proof of ownership making it easier to rely on this evidence in enforcement and litigation proceedings

 

Geographical application

As indicated in Regulation 3 of the Merchandise Marks (Recordation) Regulations, 2025 the Regulations apply exclusively to goods imported into Mainland Tanzania under the jurisdiction of the FCC and the Chief Inspector of Merchandise Marks. This is because Zanzibar maintains a separate intellectual property regime through the Business and Property Registration Agency. Trademark rights and enforcement mechanisms in Zanzibar remain unaffected by this development. However, businesses trading across both jurisdictions must ensure compliance regarding recordation in Mainland Tanzania.

 

Who must apply for recordation of trademark that appear on goods imported into Tanzania?

The obligation to record trademarks applies to:

• Trademark owners: Every natural or legal person who owns a trademark that appears on goods imported into Mainland Tanzania is required to apply for recordation with the Chief Inspector of Merchandise Marks. Ownership must be demonstrated through a valid trademark registration certificate.
• Authorized Agents: Regulation 10 of the Regulations allows the trademark owner to appoint an agent to act on his behalf in the recordation of a trademark or any related procedure. Such an appointment of an agent shall be made through the Power of Attorney, which ensures accountability and limits unauthorized or fraudulent filing.

 

Procedure for trademark recordation in Tanzania

According to Regulation 3 of the Merchandise Marks (Recordation) Regulations, an application to record one or more trademarks relating to goods intended for import into Mainland Tanzania must be submitted in a prescribed form FCC 1 to the Chief Inspector. The application should contain the following details:

• Particulars of the Applicant including, full name, business address, and telephone number.
• Nationality of the Trademark owner –
• Place of Manufacture of goods bearing the trademark.
• Trademark Samples which are either a physical sample of the goods or a clear digital photographic representation with sufficient details for identification and differentiation from counterfeits.
• Licensee Information: this shall include names and business addresses of any foreign persons or entities licensed to use the trademark, including the nature of such authorised use.
• Corporate Relationships: this entails particulars of any parent, subsidiary or affiliated companies under common ownership or control that use the trademark abroad.

The application shall be accompanied by the following documents:

1. A certified copy of the current trademark registration issued by the relevant registration authority, showing ownership in the name of the applicant.
2. Proof of payment of the applicable application fees whereas the fees for initial trademark recordation are Tanzania shillings two hundred thousand (Tshs. 200,000).

 

Validity and renewal of trademark recordation

Once approved by the Chief Inspector, trademark recordation becomes effective from the date of approval. The recordation remains valid for one year from that date.

However, the recordation will be deemed cancelled if:

1. The underlying trademark registration is revoked or cancelled; or
2. The recordation is not renewed within the prescribed period.

To maintain protection, the owner of a recorded trademark is required to apply for renewal at least thirty (30) days before the expiration of the recordation. The renewal application must:

1. Be submitted in a prescribed manner.
2. Include the information specified under Regulation 3 (such as particulars of the applicant, trademark details, licensees, and corporate affiliations).
3. Be accompanied by proof of payment of Tanzania shillings fifty thousand (Tshs. 50,000) as the renewal fees as set out in the Second Schedule.

This renewal process ensures that trademarks remain actively protected at the ports of entry, thereby reinforcing Tanzania’s commitment to preventing counterfeit goods from entering its market.

 

Obligation to notify Chief Inspector on name change.

The Regulations mandate that, where a change occurs in the name of the registrant without involving a transfer of ownership, the registrant should notify the Chief Inspector in writing within seven days. Such notification must be accompanied by a certified copy of the change of name together with any other relevant information.

This requirement ensures that the official record remains accurate and up to date, thereby safeguarding the integrity of the trademark register and facilitating effective enforcement at points of entry.

 

Exempted imports from trademark recordation

While the Regulations do not expressly set out the specific categories of imports that are exempted from the recordation requirements, it is generally recognized that certain classes of goods may fall outside the scope of these obligations. Such exemptions are typically considered in light of the nature, purpose and rationale behind the Regulations and may include, for instance;

• Non-Branded Commodities: Generic, unbranded goods that do not carry any trademark or brand identifier fall outside the scope.
• Transit Goods: Goods merely transiting through Tanzanian ports without entering the domestic market are not expressly targeted.

Services: Service marks are not directly covered, as the regime specifically addresses trademarks appearing on goodsimported into Mainland Tanzania.

It is noteworthy that non-compliance with the recordation requirements may not only result in delays at Tanzanian ports of entry, but also expose importers to increased scrutiny and seizure of goods suspected to be counterfeit. Such setbacks can significantly disrupt supply chains, increase operational costs and undermine business continuity, ultimately affecting both importers and consumers

 

Conclusion

The introduction of mandatory trademark recordation in Mainland Tanzania represents a pivotal step in strengthening intellectual property protection and combating counterfeit goods at the country’s borders. To fully realize its benefits, trademark owners and importers must remain proactive by ensuring the timely recordation and renewal of their marks, supported by internal compliance mechanisms to avoid costly delays or disruptions.

Equally, continuous awareness campaigns and a transparent, efficient recordation system from regulators will be essential in building confidence and easing compliance. Collaboration between the government, businesses and other stakeholders will be critical in sustaining a fair and competitive marketplace while safeguarding consumers and legitimate traders alike.

NB:

To prevent any delays or challenges in the importation process, we strongly recommend that all relevant imports with registered trademarks be properly recorded and comply with the regulatory requirements. Our Intellectual Property team at Victory Attorneys & Consultants remains fully available to provide guidance in reviewing your trademark rights and to assist in taking timely action to ensure recordation in Tanzania.