QUESTION ONE

Mwananchi Spring Beverages Ltd. intends to register the word “PURE” for its new bottled water
product, packaged in a sleek blue bottle with a silver cap. The name “PURE” is prominently
displayed on the label in bold uppercase. Mwananchi claims the name is distinctive and wants
exclusive rights over it.

1. Based on the Trade and Service Marks Act [Cap. 326 R.E. 2002], examine the registrability of
the word “PURE” as a trademark for bottled water.

2. If another company also uses the word “PURE” for cosmetics, would Mwananchi be able to
claim exclusive rights? Justify your answer using the law.

ANSWER

1.

QUESTION ONE

1. Registrability of “PURE” for bottled water:

 Under Section 16 of the Act, a trademark must be distinctive and capable of

distinguishing goods or services.
 “PURE” is a descriptive word (indicating quality), not inherently distinctive for bottled
water.
 It may lack distinctiveness and can be refused unless Mwananchi proves that through
extensive use it has acquired a secondary meaning (Section 17).

2. Use of “PURE” for cosmetics:

 If "PURE" is used for different goods (cosmetics vs bottled water), no likelihood of

confusion arises under Section 31.
 Mwananchi would not have exclusive rights over "PURE" for unrelated goods unless
they show the mark is well-known across sectors (famous trademark doctrine).

QUESTION TWO
Mr. Hemed registered a trademark “H-STYLE” for his clothing business in 2007 under Class 25.
He renewed the trademark in 2017. In 2024, he files another renewal application, but the
Registrar informs him that the renewal request was filed outside the statutory time frame.
Questions:

1. For how many years is a registered trademark protected after each renewal under
Tanzanian law? Refer to the relevant provisions.

In Tanzania, specifically under S. 38(1) of The Act, a patent is protected for 10 years from the
date of grant. Furthermore, under S. 38(2), the owner or licensee of the patent may request for an
extension of the term of the patent for another 5 years provided that the request have been made
not more that twelve months and not less than one month before the expiration of the patent.

The ARIPO Protocol provides that the duration of a patent in each member country will be 20
years (as required by WTO/TRIPS). However, the national legislation in some ARIPO member
countries has not been amended to give effect to this provision, and thus in countries like
Tanzania where the national law provides for the duration to be for a different term then the
position becomes confusing. Hence the position in Tanzania, being a dualist state (that
presupposes an international law need to be incorporated in the domestic law for the international
law to be effective) the law of the state prevails until the incorporation of the ARIPO position is
complete.

2. What can Mr. Hemed do to address the issue of late renewal under the Trade and Service
Marks Regulations? What documents are required?

3. In the event Mr. Hemed fails to renew the trademark within the grace period and the Registrar
revokes the mark from the register, what recourse does he have?

QUESTION THREE

Glam Touch Enterprises registered the trademark “SHEEN” under Class 3, which covers
cosmetic and cleaning preparations. Later, they discovered their products are mainly categorized
under Class 5 (pharmaceuticals). The trademark has already been registered.

i. What steps should Glam Touch Enterprises take upon realizing their trademark was
registered in the wrong class?
ii. Can the class be corrected post-registration?

QUESTION FOUR

In 2017, Mambo Foods Ltd. registered the word “MAMBOFEAST” in Class 29 for canned meat
products. In 2025, the company expanded to include a ready-to-eat beef snack and submitted an
application to register “MAMBOSNACKS” in the same Class 29. The Registrar issued a refusal
stating that the proposed trademark is confusingly similar to “MAMBOFEAST,” which is
already registered by the same company. As the company’s legal advisor, provide a legal opinion
explaining:

 The concept of associated trademarks under Tanzanian law.

 Why the Registrar may have valid grounds for refusal despite both trademarks being owned by
the same proprietor.

 What remedies or steps the company may take in response to the refusal.

QUESTION FIVE

Neema Natural Products Ltd. is the registered owner of the trademark “ZURI HERBAL” for
natural beauty soaps under Class 3. After successfully branding and advertising their products
nationwide, another company, Zuru Beauty Co., launches a new soap product under the name
“ZURI GOLD”, also in Class 3. Neema Natural Products Ltd. believes the new product name is
likely to cause confusion among consumers and dilute their brand identity. They have
approached you for advice. Questions:

1. What constitutes trademark infringement under the Trade and Service Marks Act [Cap. 326
R.E. 2002]? Assess whether there is a valid claim for infringement in this case.

2. What remedies are available to Neema Natural Products Ltd. under the law? Refer to relevant
legal provisions and principles.

QUESTION SIX

"Mwasi Organics Ltd., a well-known Tanzanian company, has sold natural hair care products
under the registered trademark ‘AFRI CURLS’ since 2014. The brand has built a loyal customer
base and is especially recognized for its distinct green-and-gold packaging. In 2023, a new
business called ‘AFRICURL Naturals’ began selling similar hair care products. The packaging is
nearly identical in colour, style, and overall presentation. Mwasi Organics notices a decline in
their sales and confusion among customers who believe the two brands are related. Mwasi
Organics has now filed a claim in the High Court, alleging trademark infringement and passing
off."

1. Does this case constitute trademark infringement under Tanzanian law? Why or why not?

2. Identify the remedies available to Mwasi Organics?

3. How would the claim differ if Mwasi Organics had not registered the trademark and what
elements would Mwasi Organics rely on?

4. What factors would the court consider in determining whether there is a likelihood of
confusion?
QUESTION ONE

1. Registrability of “PURE” for bottled water:

Under Section 16 of the Act, a trademark must be distinctive and capable of distinguishing goods
or services.

According to section 16 of the Trade Marks Act, a trade or service mark is only eligible for
registration if it is distinctive. In order to be distinctive, the mark must have the uniqueness that
differentiates it from other goods and services in the course of trade or business.

“PURE” is a descriptive word (indicating quality), not inherently distinctive for bottled water.

It may lack distinctiveness and can be refused unless Mwananchi proves that through extensive
use it has acquired a secondary meaning (Section 17).

2. Use of “PURE” for cosmetics:

If "PURE" is used for different goods (cosmetics vs bottled water), no likelihood of confusion
arises under Section 31.

Mwananchi would not have exclusive rights over "PURE" for unrelated goods unless they show
the mark is well-known across sectors (famous trademark doctrine).

QUESTION TWO

1. Duration of trademark protection:

 Under Section 31(2), a registered trademark is protected for 7 years initially and 10
years after each renewal.

2. Action for late renewal:

 Mr. Hemed must apply for restoration under Regulation 46 of the Trade and Service
Marks Regulations.
 He needs to submit:
 o An application for restoration,
o Explanation of the delay (affidavit),
o Payment of prescribed fee.

3. If renewal is not done within grace period:

 If restoration fails, he can apply for re-registration.

 He loses his prior rights but can reapply as a new application if no one else has registered
it.

QUESTION THREE

i. Steps for wrong class registration:

 Glam Touch Enterprises must file a new application for Class 5 (pharmaceuticals).
 They cannot "amend" the class once registered under wrong classification.

ii. Correction post-registration:

 No, class cannot be corrected post-registration under Tanzanian law (Section 30(3)).
 A fresh application is required.

QUESTION FOUR

1. Associated Trademarks:

 Under Section 32, trademarks that resemble each other and are owned by the same
proprietor can be registered as associated trademarks to prevent confusion.

2. Registrar’s grounds for refusal:

 Registrar may refuse because the marks ("MAMBOFEAST" and "MAMBOSNACKS")

are similar and likely to confuse consumers even if owned by the same company.

3. Remedies/Steps:

 The company can:

o Request the Registrar to register them as associated trademarks (Section 32).
o Appeal the refusal under Section 55 to the High Court if necessary.
QUESTION FIVE

1. Trademark Infringement:

 Under Section 32 and Section 36(1), infringement occurs if a similar mark is used on
identical or related goods likely to confuse or deceive the public.
 Yes, there is a valid claim for infringement because “ZURI HERBAL” and “ZURI
GOLD” are confusingly similar and both are in Class 3.

2. Remedies available:

 Injunction (stop the infringement),

 Damages or an account of profits,
 Delivery up or destruction of infringing goods (Section 39),
 Declaration of rights.

QUESTION SIX

1. Trademark infringement by ‘AFRICURL Naturals’:

 Yes, under Section 32 and 36(1), there is infringement: similar name and confusingly
similar packaging likely mislead consumers.

2. Remedies available:

 Injunction,
 Damages,
 Account of profits,
 Delivery up of infringing goods (Section 39).

3. If Mwasi Organics had no registration:

 They would sue under common law for passing off.

 They must prove:
o Goodwill,
o Misrepresentation,
o Damage.

4. Factors for likelihood of confusion:

 Similarity of marks,
 Similarity of packaging,
 Class of goods,
 Target market,
 Actual confusion evidence,
 Strength of the earlier mark.