RENEWAL OF TRADEMARK IN TANZANIA
Trademark may be defined as a symbol, name, or word(s) legally registered or established that shows it was made by use as representing the company or product and that cannot be used by other companies without permission.
Renewal of Trademark in Tanzania is among the post registration matters on trade and service marks.
Renewal of Trademark in Tanzania emanates from the fact that Trademark is registered for 7 years and may be renewed indefinitely for further consecutive periods of 10 years. Therefore locally registered Trademark is valid for the period of seven (7) years. Trademark may be renewed for additional period of ten (10) years and then be renewed consecutively after initial period of registration. There are no limits on how many times a registered trademark may be renewed in Mainland Tanzania.
Renewal of Trademark in Tanzania comes after initial registration period. Trademark may be removed from the register upon expiry as provided for under Regulation 54 and 55 of The Trade and Service Marks Regulations, 2000.
Before a trademark registration expires, the registrar must send two notices of the impending expiry to the proprietor of the registered trademark inviting it to renew the registration. The first notice must be sent t least six months before the expiration date of the last renewal as per Regulation 52 of The Trade and Service Marks Regulation, 2000 while the second must be sent between 14 and 30 days before expiration of the last registration of a mark as per Regulation 53 of The Regulations.
If the notices are not heeded and the registration expires, the expiry will be published in the Industrial Property Journal. The proprietor may renew the trademark during the 30-day period following publication. If the registration is not renewed during this 30-day period, it may be removed from the register. However, the removed trademark may be restored upon application and payment of the renewal and restoration fees, subject to availability and any conditions that the registrar may impose.
Renewal of Trademark registration in Tanzania
Regulation 51 of The Trade and Service Marks Regulations, 2000 provides that at any time not more than three months before the expiration of the last registration of a mark any person may leave at the office a fee for the renewal of the registration of the mark upon Form TM/SM 9, and, if he is not the registered proprietor, shall sign a statement on the Form that he is directed by the registered proprietor to pay the fee (if such be the case) and shall give his address; before taking any further step. Further the Registrar may either require the person leaving the fee to furnish within ten days an authority to pay the fee signed by the registered proprietor, and if he does not furnish such authority may return the fee and treat it as not received; or communicate with the registered proprietor stating that the fee has been received and that the registration will in due course be renewed.
Notice of renewal
Regulation 52 of The Trade and Service Marks Regulations, 2000 provides that the Registrar shall notify the registered proprietor in writing of the approaching expiration of the term of registration and of the conditions as to payment of fees and other requirements necessary for obtaining renewal at least six months before the expiration date of the last renewal. Failure to send or receive the reminder, or any error in the reminder, shall not affect the expiration date.
Under Regulation 53 of The Regulation it is provided that at a time not less than fourteen days and not more than one month before the expiration of the last registration of a mark the Registrar may, if no fee upon Form TM/SM 9 has been received, send a notice in writing to the registered proprietor at his trade or business address as well as at his address for services, if any.
Requirements for Trademark renewal in Tanzania
In the course of Trademark renewal there will be required; the power of an attorney simply signed and stamped, details of the trademark that has to be renewed (name, registration number), and invoicing details which include name, address, fiscal number, and registration number.
In a nutshell it is crucial to know that Trademark have to comply with all requirements set by the law(s) for its authenticity, accuracy, and effectiveness. Also in case of any changes such as name or address as well as assignment of the trademark by the owner to someone else must be communicated to the Registrar for further actions. Effect of renewal of registration and registration at large is to prevent the owner and entitle him/her to recover damages resulting from infringement of unregistered trademark as the registered proprietor is having exclusive rights over that particular trade and service mark.