Tanzania
Petroleum (Exploration and Production) Act
Trade and Services Marks Regulations, 2000
Government Notice 40 of 2000
- Published in Tanzania Government Gazette
- Commenced on 3 March 2000
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Preliminary provisions (regs 1-25)
1. Citation
These Regulations may be cited as the Trade and Service Marks Regulations.2. Interpretation
In these Regulations, unless the context otherwise requires—"the Act" means the Trade and Service Marks Act1;"agent" means an agent duly authorized to the satisfaction of the Registrar;"mark" means a Trade and Service Mark established under section 3 of the Act;"specification" means the designation of goods and service in respect of which a trade or service mark, or a registered user of a trade or service mark, is registered or proposed to be registered.3. Fees
The fees to be paid in relation to trade or service marks shall be those fees prescribed in the First Schedule of these Regulations.4. Forms
The forms referred to herein those prescribed in the Second Schedule of these Regulations and forms shall be used in all cases to which they are applicable and may be modified as directed by the Registrar to meet other cases.5. Re-classification of goods or services
Trade and service marks which have been registered before the commencement of this Act, under existing classifications shall be re-classified, upon applications for renewals under sections 29 and 63 of the Act into the International Classification system.6. Size, etc., of documents
Subject to any other directions that may be given by the Registrar, all applications, notices, counterstatements, papers having representations affixed, or other documents authorized or required by the Act or these Regulations to be made, left or sent, at or to the office, shall unless the Registrar otherwise directs, be written, type written, lithographed or printed in English or Kiswahili language upon document paper, in dark indelible ink, on one side only on foolscap paper of a size approximately 13 inches by 8 inches, and shall have on the left-hand part thereof a margin of not less than 1½ inches.7. Signature of documents by partnerships, companies etc.
8. Service of documents
All applications, notices, statements, papers having representation affixed or other documents authorized or required by the Act or these Regulation to be made, left, sent, or delivered at or to the office, or with or to the Registrar or the Court or any other person may be sent through the post by a prepaid or official paid letter, any application or any document so sent shall be deemed to have been made, left, sent, or delivered at the time when the letter containing the same would be delivered in the ordinary course of post. In proving such delivery or sending, it shall be sufficient to prove that the letter was properly addressed and put into the post.9. Address
Where any person is by the Act or these Regulations, bound to furnish the Registrar with an address, the address given shall in all cases be as full as possible, for the purpose of enabling any person easily to find the place of the person whose address is given, and shall include a postal address.10. Address of service
11. Agents
12. Registrable trade or service marks
The Registrar may refuse to accept any application for the registration of a mark upon which any of the following appear—13. Armorial ensigns, national flag, etc.
The following features may not appear on a mark the registration of which is applied for—14. Arms of cities etc.
Where a representation of the armorial bearing, insignia, orders of honour, decorations or flags of any state, city, borough, town, place, society, body corporate, institution or person appears, the Registrar shall, if he so require, be furnished with a consent to the registration and use of such emblems from such official or other person as appears to the Registrar to be entitled to give consent, and in default of such consent he may refuse to register the mark.15. Consent on use of personal names
Where the name or representation of any person appears on a mark, the Registrar shall, if he so require, before proceeding to registrar the mark be furnished with consent from him or, in the case of a person recently dead, from his legal representatives, and in default of such consent he may refuse to register the mark.16. Descriptive marks
17. Application for registration
An application to the Registrar for the registration of a trade or service mark shall be signed by the applicant or his agent and the application shall be made on Form TM/SM 2 together with the prescribed fees. Each application shall be for registration in respect of goods or service in one or more classes of international classification.18. Priority under the convention
19. Representation of a mark
Every application for the registration of a mark shall contain a durable graphic representation of the mark in the space provided on the application form for that purpose.20. Additional representation
There shall be sent with every application for registration of a mark six additional representations of such mark on Form TM/SM 3 exactly corresponding to that affixed to the application form and noted with all such particulars as may be required by the Registrar. Such particulars shall, if required, be signed by the applicant or his agent.21. Registration of same mark in different classes
Application for the registration of the same mark in different classes shall be treated as separate and distinct applications, and in all cases where a mark is registered under the same official number for goods or services in more than one class, the registration in respect of the goods or services included in each separate class shall be deemed to be separate registration for all the purposes of the Act.22. Representation to be satisfactory
The Registrar, if dissatisfied with any representation of mark, may at any time require another representation satisfactory to him to be submitted before proceeding with the application.23. Specimens in exceptional cases
Where a drawing or other representation or specimen cannot be given in the manner aforesaid, a specimen or copy of the mark may be sent either of full size or on a reduced scale, and in such form as the Registrar may think most convenient.24. Series of marks
Where an application is made for the registration of a series of marks under subsection (2) of section 25 a representation of each mark or the series shall be included, all as aforesaid, in the application form, and in each of the accompanying Forms TM/SM 3.25. Transliteration and translation
Procedure on receipt of application for registration of a trade or service mark (regs 26-64)
26. Examination
Upon receipt of an application for the registration of a mark in respect of any goods or services the Registrar shall cause an examination to be made, amongst the registered marks and pending applications, for the purpose of ascertaining whether there are on record in respect of the same goods or services or description of goods or services any marks identical with the mark applied for, or so nearly resembling it as to render the mark applied for likely to deceive or cause confusion, and the Registrar may cause the examination to be renewed at any time before the acceptance of the application, but shall not be bound to do so.27. Acceptance
After such an examination, and consideration of the application, and of any evidence of use or of distinctiveness or of any other matter which the applicant may or may be required to furnish, the Registrar may accept the application absolutely, or he may object to it, or he may express his willingness to accept it subject to such conditions, amendments, disclaimer, modifications or limitations as he may think right to impose.28. Objections
If the Registrar objects to the application, he shall inform the applicant of his objections in writing, and unless within one month the applicant applies for a hearing or makes a considered reply in writing to those objections he shall be deemed to have withdrawn his application.29. The Registrar's conditional acceptance and hearing
If the Registrar is willing to accept the application subject to any conditions, amendments, disclaimer, modifications or limitations, he shall communicate such willingness to the applicant in writing, and, if the applicant objects to such conditions, amendments, disclaimer, modifications of limitation, he shall, within one month from the date of the communication, apply for a hearing or communicate his considered objections in writing, and if he does not do so he shall be deemed to have withdrawn his application. If the applicant does not object to such conditions, amendments, disclaimer, modifications or limitations, he shall forthwith notify the Registrar in writing and alter his application accordingly.30. Decision of the Registrar
31. Disclaimer
The Registrar may call upon the applicant to insert in his application such disclaimer as the Registrar may think fit, for the public to understand what are the applicant's rights, if his mark is registered.32. Advertisement of an application
When the Registrar has accepted an application for the registration of a mark or of a series of marks absolutely or has accepted it subject to conditions or limitations to which the applicant does not object, he shall promptly, advertise it in the Trade and Service Marks Journal.33. Advertisements of corrections and rectifications
The Registrar shall in like manner promptly advertise any rectifications and corrections of marks made under sections 36 and 39 of the Act.34. Opposition
Any person may within sixty days from the date of any advertisement in the Trade and Service Marks Journal of an application for registration of a mark give notice on Form TM/SM 5 to the Registrar of opposition to the registration.35. Notice of opposition
The notice shall include a statement of the grounds upon which the opponent objects to the registration. If registration is opposed on the ground that the mark resembles marks already on the register, the numbers of such marks and the numbers of the Journals in which they have been advertised shall be set out. The notice shall be accompanied by a duplicate which the Registrar shall forthwith send to the applicant.36. Counter-statement
Within sixty days from the receipt of such duplicate the applicant shall send to the Registrar a counter-statement on Form TM/SM 6 setting out the grounds on which he relies as supporting his application. The applicant shall also set out what facts if any, alleged in the notice of opposition he admits. The counter-statement shall be accompanied by a duplicate.37. Evidence in support of opposition
Upon receipt of the counter-statement and duplicate the Registrar shall forthwith send the duplicate to the opponent and within sixty days from the receipt of the duplicate the opponent shall leave with the Registrar such evidence by way of statutory declaration, as he may desire to adduce in support of his opposition and shall deliver to the applicant copies thereof.38. Evidence in support of application
If an opponent leaves no evidence, he shall, unless the Registrar otherwise directs, be deemed to have abandoned his opposition but, if he does leave evidence, then, within sixty days from the receipt of the copies of declarations, the applicant shall leave with the Registrar such evidence by way of statutory declaration as he desires to adduce in support of his application and shall deliver to the opponent copies.39. Evidence in reply by opponent
Within two months from the receipt by the receipt by the opponent of the copies of the applicant's declarations the opponent may leave with the Registrar evidence by statutory declaration in reply, and shall deliver to the applicant copies. This evidence shall be confined to matters strictly in reply.40. Further evidence
No further evidence shall be left on either side but, in any proceedings before the Registrar, he may at any time give leave to either the applicant or the opponent to leave any evidence upon such terms as to costs or otherwise as he may think fit.41. Exhibits
Where there are exhibits to declarations filed in an opposition, copies or impressions of such exhibits shall be sent to the other party on his request and at his expense, or, if such copies or impressions cannot conveniently be furnished, the original shall be left with the Registrar in order that they may be open to inspection. The original exhibits shall be produced at the hearing unless the Registrar otherwise directs.42. Hearing
43. Extension of time
Where in opposition proceedings any extension of time is granted to any party, the Registrar may thereafter, without giving the said party a hearing, grant any reasonable extension of time to any other party in which to take any subsequent step.44. Security for costs
Where a party giving notice of opposition or an applicant sending a counter-statement after receipt of a copy of such a notice neither resides nor carries on business in Tanzania the Registrar may require him to give security, for the costs of the proceedings before the Registrar, for such amount as to the Registrar may deem fit.45. Costs in uncontested case
In the event of an opposition being uncontested by the applicant, the Registrar in deciding whether costs should be awarded to the opponent shall consider whether proceedings might have been avoided if reasonable notice had been given by the opponent to the applicant before the notice of opposition was lodged.46. Non-completion
Where registration of a mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar shall on Form 01 give notice in writing to the applicant at his trade or business address of the non-completion, but if the applicant has authorized an agent for the purpose of the application he shall instead send the notice to the agent and shall send a duplicate thereof to the applicant. If after thirty days from the date when the notice was sent, or such further time as the Registrar may allow, the registration is not completed, the applicant shall be deemed to be abandoned.47. Entry in register
As soon as may be after the expiration of sixty days from the date of the advertisement in the Trade and Service Marks Journal of any application for the registration of mark, the Registrar shall, subject to any opposition and the determination thereof, and subject to the provisions of section 28(1), and upon payment of the prescribed fee on Form TM/SM 8 enter the mark in the register. The entry of a mark in register shall give the date of registration, the goods or service in respect of which it is registered together with the particulars of the trade, business, profession, occupation or other description of the proprietor.48. Associated marks
Where a mark is registered as associated with any other mark or marks the Registrar shall note in the register in connection with the first-mentioned mark the numbers of the marks with which it is associated and shall also note in the register in connection with each of the associated marks the number of the first-mentioned mark as being a mark associated therewith.49. Death of the applicant before registration
In case of the death of any applicant for the registration of mark after the date of his application, and before the mark applied for has been entered in the register, the Registrar, after the expiration of the prescribed period of advertisement and the determination of any opposition to the application, may, on being satisfied of the applicant's death enter in the register, in place of the name of such deceased applicant the name, address, and description of the person owning the mark, on such ownership being proved to the satisfaction of the Registrar to be the successor.50. Certificate of registration
Upon the registration of a mark the Registrar shall issue to the applicant a certificate in the Form 02, and shall affix thereto a copy of the mark, which may be a representation thereof supplied by the applicant under regulation 23.51. Renewal of registration
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, the Registrar may either–52. Notice of renewal
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.53. Second notice
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.54. Removal and restoration of a mark from the Register
Where, at the expiration of one month from the date of expiration of the mark the fees therein mentioned have not been paid, the Registrar may remove the mark from the register as of the date of the expiration of the last registration, but may, upon payment of the renewal fee upon Forms TM/SM 9 and TM/SM 10 together with a restoration fee upon Form TM/SM 11, restore the mark to the register if satisfied that it is just so to do, and upon such conditions as he may think fit to impose.55. Recordal of removal of a mark
Where a mark has been removed from the register, the Registrar shall cause to be entered in the register a record of the removal and of the cause thereof and a notice to that effect shall be published in the Trade and Service Marks Journal.56. Notice and advertisement of renewal and restoration
Upon the renewal or restoration and renewal of a registration, a notice to that effect shall be sent to the registered proprietor and the renewal or restoration and renewal shall be advertised in the Trade and Service Marks Journal.57. Joint application for entry of assignment or transmission
Where a person becomes entitled by assignment or transmission to a registered mark he may, conjointly with the registered proprietor, make application to the Registrar on Form TM/SM 12 to register his title.58. Application for entry of assignment or transmission by subsequent proprietor
Where a person becomes entitled to a registered mark in the manner referred to in the Register and no conjoint application as therein mentioned is made, he shall make the application to the Registrar on form TM/SM 13 to register his title.59. Particulars to be stated in application
An application under regulation 57 or regulation 58 shall contain the name, trade or business address and description of the person claiming to be entitled, together with full particulars of the instrument, if any, under which he claims and such instrument shall be produced for inspection by the partners in a partnership shall be given in the application. The Registrar may in any case require and retain an attested copy of any instrument produced for inspection in proof of title, but such copy shall not be open to public inspection.60. Case accompanying application
Where in the case of an application on Form TM/SM 12 or Form TM/SM 13 the person applying for registration of his title does not claim under any document or instrument which is capable in itself of furnishing proof of his title, he shall, unless the Registrar otherwise directs, either upon or with the application, state a case setting forth the full-particulars of the facts on which his claim to be the proprietor of the mark is based, and showing that the mark has been assigned or transmitted to him. If the Registrar so require, the case shall be verified by a statutory declaration on Form TM/SM 14.61. Proof of title
The Registrar may call on any person who applies to be registered as proprietor of a registered mark for such proof or additional proof of title as he may require for his satisfaction.62. Application for entry of assignment without goodwill
An application under regulation 57 or regulation 58 relating to an assignment of a mark in respect of any goods or services shall state–63. Entry in register
When the Registrar is satisfied as to the title of the person claiming to be registered, he shall cause him to be registered as proprietor of the marks in respect of the relevant goods or services, and shall enter in the register his name, trade or business address and description and particulars of the assignment or transmission and these shall be published in the Trade and Service Marks Journal.64. Separate registration
Where pursuant to an application under regulation 57 or 58, and as the result of a division and separation of the goods of a registration or a division and separation of places or markets, different persons become registered separately under the same official number as subsequent proprietors of marks, each of the resulting separate registrations in the names of those different persons shall be deemed to be a separate registration for all purposes of the Act.Alteration of address (regs 65-75)
65. Alteration of address in register
66. Application to rectify or remove mark from the register
67. Further procedure
Upon such application being made, and copy thereof transmitted to the registered proprietor, if necessary, the provisions of Regulations 34 to 45 shall apply mutatis mutandis to the further proceedings thereon; but the Registrar shall not rectify the register or remove the mark from the register merely because the registered proprietor has not filed a counter-statement. In any case of doubt any party may apply to the Registrar for directions.68. Intervention by third parties
69. Application under section 39(1)
An application to the Registrar under section 39(1) for the alteration of the register by correction, change, cancellation, or striking out goods, or for the entry of a disclaimer or memorandum, may be made by the registered proprietor of the mark or by such person as may satisfy the Registrar that he is entitled to act in the name of the registered proprietor. Such applications shall be made on Form TM/SM 16, TM/SM 17, TM/SM 18, TM/SM 19, TM/SM 20, TM/SM 21 or TM/SM 22, as may be appropriate; but, an application on Form TM/SM 21 or TM/SM 20, or TM/SM 27 shall be signed by the registered proprietor or other person entitled under this rule unless in exceptional circumstances the Registrar otherwise allows, or, in the case of Form TM/SM 27 only, it is signed by an agent expressly authorized for the purpose of such an application.70. Evidence
In the case of an application made under regulation 69, the Registrar may require such evidence by statutory declaration or otherwise as he may think fit as to the circumstances in which the application is made.71. Advertisements of certain application
Where application is made on Form TM/SM 21 to enter a disclaimer of memorandum relating to a mark, the Registrar, before deciding upon such application, shall advertise the application in the Trade and Service Marks Journal in order to enable any person desiring so to do to state, within two months of the advertisement any reasons in writing against the making of the entry of the disclaimer or memorandum.72. Certificate of validity
Where the Court has certified as provided under section 51 with regard to the validity of a registered mark, the registered proprietor thereof may request the Registrar on Form TM/SM 29 to add to the entry in the register a note that the certificate of validity has been granted in the course of the proceedings, which shall be named in the Form. An office copy of the certificate shall be sent with the request, and the Registrar shall so note the register and publish the note in the Trade and Service Marks Journal.73. Alteration of registered mark
Where a person desires to apply under section 51 that his registered mark may be added to or altered, he shall make his application in writing on Form TM/SM 30, and shall furnish the Registrar with four copies of the mark as it will appear when so added to or altered.74. Advertisement before decision
75. Decision, advertisement and notification
If the Registrar decides to allow the application made under regulation 69 he shall add to or alter the mark in the register, and if the mark so added to or altered has not been advertised under the last foregoing regulation, he shall advertise it in the Journal and in any case shall insert in the Journal a notification that the mark has been altered.Registered user (regs 76-99)
76. Application for entry of registered user
An application to the Registrar for the registration under section 42 of a person as a registered user of a registered mark shall be made by that person and the registered proprietor on Form TM/SM 31.77. Entry and notification
The entry of a registered user in the register shall state the date on which it was made, in addition to the trade or business address of the registered user it may include an address for service, if application by him on Form TM/SM 31 therefor has been approved. A notification in writing of the registration of a registered user shall be sent to the registered proprietor of the mark, to the registered user, and to every other registered user whose name is entered in relation to the same registration of a mark, and shall be inserted in the Trade and Service Marks Journal.78. Variation of entry in the register
An application by the registered proprietor of a mark for the variation of the registration of a registered user of that mark under paragraph (a) of section 46 shall be made on Form TM/SM 32, and shall be accompanied by a statement of the grounds on which it is made and, where the registered user in question consents, by the written consent of that registed user.79. Cancellation of entry by registered user
An application by the registered proprietor or any registered user of a mark for the cancellation of the registration of a registered user of a trade or service mark under paragraph (b) of section 46 shall be made on Form TM/SM 33, and shall be accompanied by a statement of the grounds on which it is made.80. Cancellation of entry of any person
An application by any person for the cancellation of the registration of a registered user under paragraph (c) of section 46 shall be made on Form TM/SM 34, and shall be accompanied by a statement of the grounds on which it is made.81. Notification and hearing
82. Omitted
[Omitted.]83. Extension of time
If in any particular case the Registrar is satisfied that the circumstances are such as to justify an extension of the time for doing any act or taking any proceeding under these Regulations not being a time expressly provided in the Act he may extend the time upon such notice to other parties and proceedings thereon, and upon such terms as he may direct, and the extension may be granted though the time has expired for doing the act or taking the proceedings.84. Hearing
Before exercising adversely to any person any discretionary power given to the Registrar by the Act, or these Regulations, the Registrar shall, if so required, hear such person thereon.85. Application for hearing
An application for a hearing shall be made within one month from the date of notification by the Registrar of any objection to an application or the date of any other indication that he proposes to exercise a discretionary power.86. Notice of hearing
Upon receiving such application the Registrar shall give the person applying thirty days notice of a time when he may be heard.87. Notification of decision
The decision of the Registrar in the exercise of any such discretionary power shall be notified to the person affected.88. Dispensing with evidence
Where under these Regulations any person is required to do any act or thing, or to sign any document, or to make any declaration on behalf of himself or of any body corporate, or any document or evidence is required to the office, and it is shown to the satisfaction of the Registrar that from any reasonable cause such person is unable to do such act or thing, or to sign such document, or to make such declaration, or that such document or evidence cannot be produced or left as aforesaid, it shall be lawful for the Registrar, upon the production of such other evidence, and subject to such terms as he may think fit, to dispense with any such act or thing, signature, declaration, document or evidence.89. Amendment of documents
Any document or drawing or other representation of a mark may be amended, and any irregularity in procedure which in the opinion of the Registrar may be excused without detriment to the interests of any person may be corrected, if the Registrar thinks fit, and on such terms as he may direct.90. Certificates by Registrar
The Registrar may give a certificate, other than a certificate under section 28 as to any entry, matter or thing which is authorized or required to by the Act or these Regulations to make or do, upon receipt of a request on Form TM/SM 30 from any person who, if the Registrar thinks fit so to require, can show an interest in the entry, matter or thing to his satisfaction. Except in a case falling under regulation 91 the Registrar shall not be obliged to include in the certificate a copy of any mark, unless he is furnished by the applicant with a copy thereof suitable for the purpose.91. Marks registered without limitation of colour
Where a mark is registered without limitation of colour it shall be lawful for the Registrar to grant a certificate of its registration for the purpose of obtaining registration abroad either in the colour in which it appears upon the register or in any other colour or colours.92. Certificates for use in obtaining registration abroad
93. Statutory declarations
The statutory declaration required by the Act and these Regulations, or used in any proceedings shall be made and subscribed as follows–94. Authenticity declaration
Any documents purporting to have affixed, impressed, or subscribed thereto or thereon the seal or signature of any person authorized by regulation 93, to take a declaration in testimony that the declaration was made and subscribed before him, may be admitted by the Registrar without proof of the genuineness of the seal or signature or of the official character of the person or his authority to take the declaration.95. Searches
Any person may request the Registrar, on Form TM/SM 25 to cause a search to be made in respect of any marks matters to ascertain whether any mark is on record at the date of the search which resembles the marks. The Registrar shall cause such a search to be made and the person making the request to be informed of the result thereof.96. Appeal to Court
When any person intends to appeal to the Court, such appeal shall be made by memorandum in the usual way, and no such appeal shall be entertained unless a memorandum of appeal be delivered within sixty days from the date of the decision appealed against of within such time as the Registrar shall allow.97. Applications to Court
Every application to the Court under the Act shall be served on the Registrar.98. Order of Court
Where an order has been made by the Court in any case under the Act, the person in whose favour such order has been made, or such one of them, if more than one, as the Registrar may direct, shall forthwith leave at the office an office copy of such order, together with Form TM/SM 29 if required. The register may, be rectified or altered by the Registrar.99. Publication of Court order
Whenever an order is made by the Court under the Act, the Registrar may, if he thinks that such order should be made public, publish it in the Trade and Service Marks Journal.History of this document
31 July 2002 this version
Consolidation
03 March 2000
Commenced