Friday, July 14 2023   \  Published by Clyde & Co.

Intellectual property in Tanzania: Trade mark distinctiveness

Intellectual property in Tanzania: Trade mark distinctiveness

Trade mark distinctiveness is a crucial element to consider when creating a strong brand identity for products or services. A strong trade mark has the potential to enhance a company's reputation and sway consumer choices. It is not just the marketing appeal that matters; the level of legal protection afforded to the trade mark is equally as important. Such protection may only be obtained where the trade mark is distinctive hence qualifying for registration pursuant to the provisions of the Trade and Service Marks Act No. 12 of 1986 (as amended) (the Trade Marks Act).

Legal framework and consideration

Trade mark distinctiveness in Tanzania is governed by the Trade Marks Act which essentially sets out the criteria for determining the distinctiveness of a mark. The essence of trade mark distinctiveness is to ensure the ability to distinguish goods or services associated with the proprietor from others in trade or business. Read more

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