Legal Update – The Merchandise Marks (Recordation) Regulations, Government Notice No. 352F of 2025

Counterfeiting is a pervasive and escalating issue that accounts for an estimated 2.5% to 3.3% of global cross-border trade and poses serious risks to economic stability, consumer safety, and brand reputation. In Tanzania the Fair Competition Commission (FCC) is charged with, among other things, protecting consumers against counterfeit goods.

In an anti-counterfeit effort, the Minister for Industry and Trade published the Merchandise Marks (Recordation) Regulations, 2025 (the Regulations) on 30 June 2025 which came into force on 1 July 2025. The Regulations establish a mandatory recordation system for all trademarks associated with goods intended for importation into Mainland Tanzania. The idea behind the recordation is to document the Intellectual Property Rights and enforcing them.

This update highlights the Regulations’ key provisions and outlines the compliance obligations for trademark owners, agents, and importers.

Key provisions

Applications for recordation of Trademarks 

The Regulation requires an application records trademarks relating to goods to be imported into Mainland Tanzania must be submitted to the Chief Inspector of merchandise marks. Applications must be made in writing using prescribed Form and must include:

• detailed particulars of the applicant;
• nationality of the trademark owner;
• place of manufacture of the goods;
• samples or photographic representations of the goods;
• information about authorised foreign persons or entities licensed to use the marks; and 
• details of affiliated companies under common ownership or control who uses the mark. 

It is important to note that applications must be accompanied by a certified copy of the current trademark registration and proof of payment of the prescribed fee of TZS 200,000 per class of goods.

Timeline for processing applications

Applications for recordation will be reviewed and determined by the Chief Inspector within 21 days. Applicants will then be notified of the decision within 5 days from the date a decision is made. Upon approval, the recordation takes effect immediately and remains valid for 1 year. However, recordation will automatically lapse if the underlying trademark registration is revoked or cancelled, or if it is not renewed in time, as stipulated under Regulation 5.

Assignment or transmission of ownership

When ownership of a recorded trademark is assigned or transferred, Regulation 6 requires the new owner to notify the Chief Inspector within 30 days using prescribed Form FCC 2. Failure to do so within this period results in automatic cancellation of the recordation.

Renewal of recordation

Regulation 8 requires registrants to renew recordation not later than 30 days before its expiry. Renewal applications must include updated information submitted during the initial recordation, along with proof of payment of the renewal fee of TZS 50,000. Failure to comply may result in the automatic cancellation of the recordation.

Change in name of the recorded the recorded trademark

In cases where there is a change in  the name of the registrant without a transfer of ownership, Regulation 7 requires the registrant to notify the Chief Inspector in writing within 7 days. The notification must be accompanied by a certified copy of the name change and relevant supporting documents.

Appointment of agents

Trademark owners may appoint authorised agents to handle their recordation responsibilities, provided that such appointments are supported by a valid Power of Attorney, pursuant to Regulation 10.

Offences and penalties

Regulation 11 sets out offences and penalties relating to deception, false information, or unauthorised alterations of trademark records. Any person found guilty of such offences may face a fine of up to TZS 10 million, imprisonment for a term not exceeding 12 months, or both.

Conclusion

On the back of the Regulations coming into force, the FCC published a notice to the public stating that the recordation commencement date is effective from 1 December, 2025. Once the marks are recorded then they will be afforded protection under the Merchandise Marks Act, Cap. 85. The FCC further stated that only trademark representatives admitted and registered by trademark owners will be able to deal with the FCC.

The Regulations establish a clear framework for protecting and enforcing trademark rights in Mainland Tanzania. Trademark owners, importers, and agents are required to comply with the recordation process. Full compliance reinforces measures against counterfeit goods, ensuring that trademarks are properly protected when goods enter the country.