Tanzania’s Fair Competition Commission (FCC) recently announced the implementation of a mandatory trade mark recordation system for all goods imported into mainland Tanzania. This system has been announced as part of the government of Tanzania’s efforts to crack down on counterfeit goods, and will be effective as of 1 December 2025. A copy of the FCC’s Public Notice announcing the new system can be found here.
Who must comply?
The new system will apply to all goods imported into mainland Tanzania, regardless of the country of origin, or the territory in which the corresponding trade mark is registered. For example, this means that a company producing goods in the UK, that has registered a trade mark related to those goods in the UK, must comply with the recordation system if they wish to export goods to Tanzania.
Only authorised representatives can act before the FCC for the purpose of recordation. This means that recordation of a trade mark can only be undertaken by a representative authorised by the owner of that trade mark. This could be the owner themselves, or their trade mark attorney, providing the owner has authorised them to act through a valid power of attorney.
It should be noted that this new system applies only to mainland Tanzania. Zanzibar is not included.
What do I need to do?
If you are involved with importing goods into Tanzania, it is vital that you comply with this new system. Steps should be taken to record relevant trade marks before 1 December 2025.
You will be required to submit Form FCC 1, and provide supporting documentation, including:
- A certified copy of your trade mark registration
- Confirmation of where the goods were manufactured
- A sample (or clear photograph) of goods using the trade mark
- Full details of the applicant
- Details of any licensees or entities using the trade mark, or that are authorised to use the trade mark
- Proof of payment of all applicable fees
Recordation is valid for 1 year. You will be required to renew the recordation annually, which will have associated costs. Additional fees may be applicable for ownership changes, providing certified copies and other administrative functions.
If you are not engaged with importing goods into Tanzania, you do not need to take any action.
What does this mean for trade mark owners?
The system is intended to crack down on the distribution of counterfeit goods in Tanzania. This benefits trade mark owners by reducing the likelihood of illegal copies of their goods entering the mainland.
However, failure to comply with the system may lead to delays at the border, which could cause business disruption. It is therefore important for trade mark owners to take action before the system is introduced to ensure they are prepared.
Further guidance is expected in the coming months. Trade mark owners affected by this change are advised to monitor official communications from the FCC.
How can I prepare for the new system coming into effect?
If your goods and trade marks will be affected by the new system, it is recommended that you take action now to prepare. You should review your trade mark portfolio, which may include submitting new trade mark applications if you are reliant on any unregistered trade marks. You should also compile the necessary documentation to comply with the new system. You may also be required to appoint legal representatives in other territories, if your trade marks are registered abroad and you have not already done so.
Your usual Forresters attorney would be happy to advise you on the next steps. Please feel free to contact our team with any questions you may have.
