Practice Area: Trademark    Country: All    Publish Date: 28-Nov-2023

Tanganyika and Zanzibarunited in 1964 and formed United Republic of Tanzania. In the constitution of UnitedRepublic of Tanzania, Zanzibar retained autonomy to legislate its laws whichare not included in the union. And among the non-union matters on intellectualproperty that includes trademarks. Fore stance Mainland Tanzania has the Tradeand Service Marks Act while Zanzibar uses Zanzibar Industrial Property Act.

Both Mainland Tanzania andZanzibar have ratified and adopted the Nice Agreement Concerning theInternational Classification of Goods and Services for the Purposes of theRegistration of Marks 1957 (as amended on September 28, 1979) in 1999 (NiceClassification). International Conventions unless stated otherwise during thesigning and ratification they bind both Mainland Tanzania and Zanzibar. Therefore,the Nice Classification binds both Mainland Tanzania and Zanzibar. The Nice Classificationclassify trade and service marks into two groups that is 1-34 for goods and35-45 service. Since Nice Classification is used in both Mainland Tanzania and Zanzibarthen similar trade mark classification is used. Some of the goods and servicemarks are

GoodsMarks classes

Class 12 includesvehicles and apparatus for the transport of people or goods by land, air orwater

Class 17

Provide mainly forelectrical, thermal and plastics for use in manufacture in the form of sheets,blocks and rods

Class 19

A class that includesmaterials not metal for building and construction.

ServiceMarks classes

Class 35

Includes advertising,business management, organizations, and office functions.

Class 41

Includes mainly servicesconsisting all forms of education or training, entertainment, presentation ofworks of visual art or literature to the public for cultural or educationalpurposes.

Class 45

It involves legalservices, security services as well as certain personal and social servicesrendered by others to meet the needs of individuals

About the Author.

MkamaMagoti Kalebu is the Managing Partner at ENDO & Co. Advocates. He is anadvocate of the High Court of Tanzania, Notary Public and Commissioner forOaths.  He is an Advocate of the Highcourt of Zanzibar; Member of The Pan African Lawyers Union (PALU) and a Memberof the East Africa Law Society Intellectual Property Committee.

Apartfrom advising on private international laws, Mkama leads the IntellectualProperty, Technology & Media, Telecommunications and Data ProtectionPractices team at ENDO & Company. He handles both contentious andnon-contentious matters in the areas of intellectual property ("IP"),media, information technology ("IT"), data protection andtelecommunications law, and has extensive experience working on regulatory,transactional, enforcement and advisory projects in these areas, counting amonghis clients’ multinational companies, listed corporations and governmentregulators.

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