Zanzibar is a part of the United Republic of Tanzania and has its own independent trademark system. The current trademark regulations are mainly based on the Zanzibar Industrial Property Law No. 4 of 2008. The Zanzibar Trademark Office is responsible for managing trademark affairs, with official languages being Swahili and English. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to better protect the trademark or renew it, it must be registered in accordance with the law.
Zanzibar is a party to international intellectual property treaties such as the TRIPS Agreement and the Paris Convention, and has not yet joined the Madrid System. Therefore, trademark registration can only be processed through the "single country registration" method.
At present, the Zanzibar Trademark Office adopts the Nice Classification 11th edition for the description of goods and services, and only accepts applications for one table and one category. The elements that can be registered as trademarks in Zanzibar include: text, letters, graphics, numbers, three-dimensional shapes, color combinations, etc.
Natural or legal persons who do not have a domicile, main place of business, or a genuine and valid industrial and commercial enterprise in Zanzibar must entrust a specialized agent in that country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a trademark in Zanzibar is: application, examination, announcement, approval, and issuance of a certificate. The application will be accepted approximately one week after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement.
Two months from the date of announcement is the objection period, and any interested party or prior right holder may raise objections to the registration of the trademark. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. If everything goes smoothly, trademark registration in Zanzibar will take about 10 months; If the situation does not go smoothly and there is rejection or objection, the time will be extended.
The Zanzibar trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed 3 months before the expiration date, with a grace period of 6 months; The renewal is valid for 7 years.