In Tanzania, regulation 27 of the Trade and Service Marks Regulationsconfer power to the Registrar of Trade and Service Marks to object the applied trademark. The Registrar shall inform the applicant of his objections in writing. The applicantis required within one month applies for a hearing or makes a considered replyin writing to those objections. Failure to apply for hearing or make consideredreply, the applicant shall be deemed to have withdrawn his application.
Now what are thethings to consider?
1. Knowing in detail the reason for theobjection
What can be registered and what cannot beregistered as a trademark is legally defined. The registrar is empowered by law to ensure that hemanages what is prescribed by law. Also, it is the responsibility of the applicant tounderstand the law and procedure of trademark registration.
Knowing the law will make it easier for theapplicant to definitely know the reason for the rejection. This will help to know the way to take andhow to get rid of the restriction of the registrar.
2. Time totake necessary Action
Time is of the essence and very important. Thisis because firstly focusing on time eliminates inconvenience on party of theapplicant and the registrar, secondly it eliminates unnecessary costs and lastlyis to comply with the requirements of the law.
3. Avoid using the wrong people
When it comes to objections, it is asensitive issue that requires people who know trademarks. These are professionals by studying andhaving enough experience in intellectual property especially in contentiousmatter. These will begood advisors on what to do to overcome the objection.
4. Accept advice and be willing to consult
One of the ways to learn is to accept otherpeople's ideas. It'sabsolutely true that people surpass each other in understanding and perspectiveof things. Accepting toreceive advice even from someone who is beyond your understanding has a highpercentage of overcoming objections.
Should any further clarification andassistance be required, please take our word that we are, and would like toremain at your disposal.
Contact us anytime through Whats App number +255657577055 or write to us at info@endowoadvocates.co.tz.
It will be our pleasure to help you.
Aboutthe Author.
Mkama Magoti Kalebu is the Managing Partnerat ENDO & Co. Advocates. He is an advocate of the High Court of Tanzania,Notary Public and Commissioner for Oaths. He is an Advocate of the High court of Zanzibar; Member of The PanAfrican Lawyers Union (PALU) and a Member of the East Africa Law SocietyIntellectual Property Committee.
Mkama hold a Master of Intellectual Propertyfrom the University of Dar es Salaam. He leads the Intellectual Property,Technology & Media, Telecommunications and Data Protection Practices teamat ENDO & Company. He handles both contentious and non-contentious mattersin the areas of intellectual property ("IP"), media, informationtechnology ("IT"), data protection and telecommunications law, andhas extensive experience working on regulatory, transactional, enforcement andadvisory projects in these areas, counting among his clients’ multinationalcompanies, listed corporations and government regulators.