Case Law Update · Urgent
ARIPO Trademarks Are No Longer Enforceable in Tanzania: The Complete Guide
By Untamed Legal Advisory · September 2025 · 8 min read
Action Required
If you or your client holds an ARIPO trademark under the Banjul Protocol and operates in Tanzania, you are currently without enforceable trademark protection on Tanzania Mainland. Immediate BRELA filing is required.
The Ruling in Summary
On 12 September 2025, the Court of Appeal of Tanzania handed down its judgment in Lakairo Industries Group Co. Ltd & 2 Others v. Kenafrica Industries Ltd & 2 Others, Civil Appeal No. 593 of 2022. The Court definitively held that trademark registrations obtained through the African Regional Intellectual Property Organization (ARIPO) under the Banjul Protocol on Marks are not enforceable on Tanzania Mainland.
This is not a new legal position in Tanzania — it reflects a long-standing constitutional and statutory tension between ARIPO’s regional framework and Tanzania’s domestic IP law — but the Court of Appeal’s explicit confirmation removes all ambiguity. Any practitioner or business owner who was advising or relying on the enforceability of ARIPO marks in Tanzania must act immediately.
What the Court Found
The Court’s analysis centred on the relationship between the ARIPO Banjul Protocol and the Trade and Service Marks Act, Cap. 326. The Court found that Tanzania’s domestic legislation creates a self-contained registration and enforcement regime, administered exclusively by BRELA. The ARIPO Banjul Protocol, while ratified, was found not to have been domesticated into Tanzanian law in a way that creates directly enforceable trademark rights parallel to those arising from BRELA registration.
The Court distinguished this position from the ARIPO Harare Protocol (which governs patents and industrial designs), which operates under a different legislative framework and continues to be recognised in Tanzania.
“The primacy of local registration under the Trade and Service Marks Act, Cap. 326 as the foundation of all enforceable trademark rights on Tanzania Mainland is now conclusively established.”
Who Is Affected?
This ruling directly affects:
- International brand owners who filed at ARIPO designating Tanzania instead of filing nationally with BRELA
- East African businesses that relied on a single ARIPO filing to cover multiple jurisdictions including Tanzania
- IP agents and trademark attorneys who advised clients to use ARIPO’s Banjul Protocol as their Tanzanian trademark strategy
- Importers who attempted to rely on ARIPO marks for FCC border recordation (the FCC will not accept ARIPO-only marks)
The Compounding Effect: FCC Recordation
The Court of Appeal ruling intersects critically with the mandatory FCC trademark recordation system that came into force on 1 December 2025 under Section 11A of the Merchandise Marks Act. The FCC has confirmed that only BRELA-registered marks qualify for recordation. This means that any brand owner with ARIPO-only marks faces a double problem: their marks are unenforceable, and they cannot invoke border protection for their imported goods.
What You Must Do Now
The remedial steps are clear, but must be taken urgently:
Identify all marks in your Tanzania portfolio that are registered only at ARIPO under the Banjul Protocol. Marks registered with BRELA are unaffected.
File national trademark applications with BRELA for all affected marks as soon as possible. Each filing establishes a new priority date. Under Cap. 326, the filing date confers provisional rights, so early filing is essential.
Between now and BRELA registration, you have limited legal recourse for infringement. Consider whether passing-off or unfair competition claims are available as interim measures.
Once your BRELA registration issues, immediately initiate FCC trademark recordation under s.11A of the Merchandise Marks Act to restore your border enforcement capability.
For International Counsel and IP Agents
If you advise clients with Tanzania designations under the ARIPO Banjul Protocol, you should treat this as an urgent client alert matter. Untamed Legal Advisory is available to work with international IP firms and agents on coordinated BRELA filing programs, including preparing applications, managing prosecution, and completing FCC recordation on behalf of overseas clients.
Urgent Portfolio Review
Has the ARIPO Ruling Left Your Brand Unprotected?
Contact Untamed Legal Advisory today for a rapid assessment and BRELA filing programme.