Trade and Service Marks Amendment 2026: ARIPO Marks, Well-Known Marks and New Signs

This is Zatra's news brief on the Trade and Service Marks amendment 2026 made by the Written Laws (Miscellaneous Amendments) Act, 2026: what Part XXI says, what is confirmed, what is still open, and what brand owners should do this month.

What changed in the Trade and Service Marks Act

Parliament has amended the Trade and Service Marks Act, Cap. 326, which governs trade marks on the Mainland. The changes sit in Part XXI of the Written Laws (Miscellaneous Amendments) Act, 2026. The Bill was published as Bill No. 1 of 2026 in a Special Bill Supplement dated 15 January 2026. The Bill text published by the Office of the Attorney General is the source for every section number below.

Part XXI runs from clause 154 to clause 159 of the Bill. It makes five changes to Cap. 326.

The same Bill also amends the Patents (Registration) Act, Cap. 217, in Part XV. That part is covered further down because it changes patent and utility certificate terms.

Who is affected

• Foreign brand owners with ARIPO registrations that designate Tanzania under the Banjul Protocol, many filed years ago from Harare.
• Tanzanian companies that filed national marks after the 2025 ruling, which may now meet an older ARIPO mark on the same register.
• Associations, cooperatives and standards bodies that want a collective or certification mark for a product or origin.
• Owners of famous foreign marks who have never registered in Tanzania and now have a statutory basis in section 19A.
• Importers and distributors who rely on a registration to record a mark with the Fair Competition Commission before goods arrive.
• Inventors and patent holders, because the same Bill changes the patent term and the utility certificate term.

Firms trading only in Zanzibar are not directly affected. Cap. 326 does not apply there, as the section on Zanzibar below explains.

Is the amendment in force, and what is the Act number?

The Bill is a primary source for the wording. Its passage and commencement come from reports, so this post grades each fact by how well it is supported.

Parliament invited stakeholder views on the Bill in February 2026, according to its press release list. The Attorney General tabled the Bill on 1 September 2026, and the House passed it the same day. HabariLeo (1 September 2026) and Torch Media (1 September 2026) both reported the vote. HabariLeo says four parts were withdrawn: the Bank of Tanzania, VAT, judiciary administration and youth council amendments. The trade marks and patents parts were not among them.

The Act number and commencement date come from one law firm. Spoor & Fisher (14 October 2026) names it the Written Laws (Miscellaneous Amendments) Act, No. 6 of 2026, in force on 2 October 2026. The same note ran in Managing IP (16 October 2026). Spoor & Fisher's summary of the enacted text matches the Bill's Part XXI on every point it covers.

Zatra could not open the enacted Act on the Attorney General's portal or on TanzLII on 17 October 2026. The assent date is therefore unknown. The Act number and the 2 October date should be treated as reported, not confirmed from the Gazette.

Two March 2026 articles said the Act was "published in January". That refers to the Bill. A Bill published on 15 January 2026 was not law until passed, assented to and brought into force.

What does section 28A do for ARIPO registrations?

Section 28A answers a court ruling. On 26 September 2025 the Court of Appeal decided Lakairo Industries Group Co. Limited and Others v. Kenafrica Industries Limited and Others, Civil Appeal No. 593 of 2022. The WIPO Lex record of the judgment gives the court, date and parties. Clyde & Co (25 November 2025) reports the holding: the Banjul Protocol had never been made part of Tanzanian law, so ARIPO registrations could not be enforced here.

ARIPO responded within a month. Its notice of 24 October 2025 states that, on BRELA's instruction, Tanzania became ineligible for designation under the Banjul Protocol until further notice. Our earlier guide to the BRELA, ARIPO and Madrid filing routes was written under that position.

The Bill changes it. Clause 155 defines the "date of entry into force" as 1 September 1999, when the Protocol took effect for the United Republic. Clause 159 then inserts section 28A. A mark registered by ARIPO on or after that date, naming Tanzania as a designated state, is deemed registered under Cap. 326. The exception is a mark where the Registrar communicated a decision to ARIPO that it would have no effect in Tanzania.

Three points follow from the text:

• Old designations count. A mark registered through Harare in 2005 or 2018 is reached, not only future filings.
• Refusals still bite. If BRELA sent ARIPO a refusal for a particular mark, section 28A does not revive it.
• Some questions are open. The section does not say how a deemed mark ranks against a national mark filed during the gap, or how renewal works.

Spoor & Fisher flags the ranking question too. The Rive & Co note of 11 March 2026 adds that letting the ARIPO registration lapse "likely extinguishes" the deemed protection. That is a reading, not a rule in the text.

Can brand owners designate Tanzania through ARIPO again?

Not yet, on the evidence available. Section 28A gives domestic effect to ARIPO registrations. It does not by itself reopen ARIPO's filing system to new designations of Tanzania.

Spoor & Fisher reports that ARIPO is consulting the Trade Marks Registry and will issue an official notice. Until then, it advises treating Tanzania as unavailable for designation. Zatra found no ARIPO notice lifting the October 2025 suspension as at 17 October 2026.

A new Mainland filing therefore still goes through BRELA. The steps are in our guide to trade mark registration at BRELA. A Madrid designation remains a separate question, and nothing in Part XXI deals with it.

What counts as a trade mark now?

The old definition turned on a "visible sign". Clause 155 deletes that wording. A trade or service mark is now any sign or combination of signs capable of distinguishing the goods or services of one undertaking from those of another.

The new definition of "sign" lists examples:

• three-dimensional marks, such as a bottle or pack shape;
• letters and words, including stylised forms;
• colours and colour combinations;
• numerals;
• get-up, the overall look of a product or pack;
• holograms.

The list does not name sound or smell marks. The AfricanLaw team's note of 27 March 2026 says the functional test accommodates sound marks. Treat that as one commentator's view until BRELA accepts a sound mark.

A wider definition does not lower the distinctiveness bar. A colour or a pack shape must still distinguish one trader's goods. BRELA may ask for evidence of use before it accepts a plain colour.

How do collective and certification marks work?

Clause 156 adds two new sections.

Section 16A, collective marks. An association may register a mark that distinguishes its members' goods or services from those of non-members. The mark is registered in the association's name. A coffee cooperative, a fishers' association or a craft guild could use this route.

Section 16B, certification marks. A certifier may register a mark that certifies goods or services, for example by origin, material, quality or accuracy. The certifier may not trade in goods or services of the kind it certifies. It must deposit a regulating instrument with the Registrar. That instrument sets out when goods qualify and who may use the mark, and it is open to inspection.

No separate government fee for either type appears in the Zatra fee register at 26 September 2026. BRELA will assess the charge on filing until new regulations or forms are published.

How are well-known marks protected under section 19A?

Clause 157 inserts section 19A. It protects a mark that is well known in Tanzania as the mark of a national of, or a person domiciled or established in, a convention country. The owner need not trade in Tanzania or hold local goodwill.

The Registrar weighs factors including:

• knowledge or recognition of the mark in the relevant sector of the public;
• the duration, extent and area of use;
• promotion, including advertising and trade fairs;
• registrations and applications, and where they are held;
• a record of successful enforcement;
• the value associated with the mark.

The owner may seek an injunction against an identical or similar mark on identical or similar goods where confusion is likely. Bona fide use that began before commencement may continue. A later mark that would impair or take unfair advantage of a well-known mark should not be registered.

Section 19A is a shield, not a substitute for filing. Proving fame costs evidence and an advocate's time. A BRELA certificate is cheaper proof, as our post on why a company name is not a trade mark explains.

What is early advertisement under section 26?

Section 26 sets the route from application to acceptance and then advertisement in the Trade and Service Marks Journal. Clause 158 adds a proviso to section 26(2). The Registrar may cause an application to be advertised before acceptance where he considers exceptional circumstances exist.

The Bill does not define exceptional circumstances. Spoor & Fisher notes the same gap. Early advertisement opens the opposition window sooner, which may help where a dispute over the mark is already expected. Applicants should not plan on it until BRELA publishes how it will use the power.

Does the amendment reach Zanzibar?

No. Cap. 326 applies to Mainland Tanzania. Industrial property is not a Union matter, and Zanzibar registers marks under the Zanzibar Industrial Property Act, 2008 at the Business and Property Registration Agency (BPRA). Part XXI amends Cap. 326 only.

A brand sold on both sides of the channel needs two registrations. Our guide to trade mark registration in Zanzibar sets out the island process and its different renewal cycle.

What changes for patents and utility models?

Part XV of the same Bill amends the Patents (Registration) Act, Cap. 217. These points come from the Bill text; no enacted copy was available to compare.

• Patent term. A new section 39 provides that a patent expires twenty years from the filing date.
• Utility certificate term. Section 74(5) changes "seventh" to "tenth", and AfricanLaw reads this as a ten-year term in place of seven.
• Exclusions. A new section 13 lets the Minister, on the Registrar's recommendation, exclude specified inventions from patentability by Gazette notice for up to ten years.
• Designs. A new section 76 gives designs registered under a regional or international instrument designating Tanzania the same effect as national registrations, unless the Registrar objects.

Our patents and utility models guide was written in September 2026 under the old terms of ten years extendable to twenty, and seven years for a utility certificate. Read it with this update until it is revised.

Worked example: a two-class ARIPO portfolio

Example: a Nairobi confectioner holds an ARIPO registration from 2017 designating Tanzania in classes 30 and 32. After the 2025 ruling a Dar es Salaam packer applied at BRELA for a similar mark in class 30. The application is now advertised. The confectioner also sells in Zanzibar.

Under section 28A the 2017 registration is deemed registered on the Mainland, provided BRELA never refused it. The confectioner still files nationally in both classes, to hold a BRELA certificate it can show the Fair Competition Commission and Customs. It opposes the packer's application and records its distributor as a registered user.

All six lines are BRELA fees under the Trade and Service Marks Regulations, GN 40 of 2000, from the Zatra fee register at 26 September 2026. They are paid to BRELA against a GePG control number, and the amount on the control number governs. The Zanzibar filings at BPRA come on top. Their fees are not in the register, so confirm them with BPRA before budgeting.

The opposition rests on section 28A and possibly section 19A. Drafting the grounds and appearing at the hearing is advocate's work. Zatra's professional fee is quoted separately from these government charges.

What to do now

1. List every ARIPO mark. Pull each registration that designates Tanzania, with its registration date, classes and renewal date at ARIPO.
2. Check for refusals. Ask BRELA, through an agent, whether the Registrar communicated a refusal to ARIPO for any of those marks.
3. Keep ARIPO renewals paid. Do not let a Harare registration lapse while the renewal question under section 28A is open.
4. Search the national register. Look for marks filed at BRELA since September 2025 that conflict with your ARIPO marks, and diarise any opposition window.
5. File nationally where it matters. For core brands and imported goods, file at BRELA so you hold a certificate under Cap. 326 in your own name.
6. File in Zanzibar separately. Register at BPRA for any brand sold on Unguja or Pemba.
7. Review new mark types. Consider whether a pack shape, colour, get-up, collective mark or certification mark now deserves a filing.
8. Route disputes to an advocate. Oppositions, infringement claims, well-known mark injunctions and legal opinions belong with an advocate.

Key dates

What is settled, what to verify, what is unknown

Settled. The wording of Part XXI as published in the Bill. The Lakairo holding and ARIPO's suspension. Passage of the Bill on 1 September 2026. Cap. 326 does not reach Zanzibar.

Verify. The Act number, No. 6 of 2026, and commencement on 2 October 2026, which rest on Spoor & Fisher. Whether the committee stage changed any wording in Parts XV or XXI. BRELA's forms and fees for collective and certification marks.

Unknown. The assent date. How a deemed ARIPO mark ranks against a national mark filed during the gap. Whether renewal of a deemed mark follows ARIPO or Cap. 326. When ARIPO will accept new designations of Tanzania. Whether BPRA gives ARIPO marks any effect in Zanzibar.

The Daily News (19 September 2026) reported the final Act as amending 18 laws, while HabariLeo's account implies 17. Neither report affects the trade marks part, but the gap is a reason to read the enacted text before citing it.

How Zatra helps

Zatra audits ARIPO and national portfolios, maps each mark against the new section 28A, and coordinates BRELA and BPRA filings through licensed agents. Our corporate secretarial service keeps renewal dates and registered-user entries on one diary. Our import and export compliance service links each mark to Fair Competition Commission recordation, covered in our guide to acting against counterfeits. A Senior Advisory Session at USD 49 suits a first portfolio review; prices are on our pricing page.

BRELA and BPRA fees are paid to the authority at the official amount against its control number. These government charges are separate from Zatra's professional fee and are never marked up. Our government fees handbook lists the official figures.

BRELA, BPRA, ARIPO, the Fair Competition Commission and the courts decide on their own files. Zatra prepares and coordinates the work; it does not decide or guarantee any authority's outcome. Oppositions, infringement suits, seizure applications and legal opinions go to an advocate on our team.

Sources and status

Accurate as at 17 October 2026. Legal text is from the Bill as published on 15 January 2026; commencement is as reported by Spoor & Fisher; fees are from the Zatra fee register at 26 September 2026.

• The Written Laws (Miscellaneous Amendments) Act, 2026, Bill No. 1 of 2026: Office of the Attorney General, Special Bill Supplement of 15 Jan 2026; Parts XV and XXI. Accessed 17 Oct 2026.
• Press releases: Parliament of Tanzania, notice of 23 Feb 2026 on the Bill and releases to 1 Oct 2026. Accessed 17 Oct 2026.
• Notice: TZ case of Lakairo vs KenAfrica: ARIPO, 24 Oct 2025. Accessed 17 Oct 2026.
• Lakairo Industries Group Co. Limited and Others v. Kenafrica Industries Limited and Others: WIPO Lex, judgment of 26 Sep 2025. Accessed 17 Oct 2026.
• Business Registrations and Licensing Agency: BRELA, live site, 2026. Accessed 17 Oct 2026.
• Business and Property Registration Agency: BPRA Zanzibar, live site, 2026. Accessed 17 Oct 2026.
• Muswada wa Marekebisho Sheria mbalimbali wapitishwa: HabariLeo, 1 Sep 2026. Accessed 17 Oct 2026.
• Muswada wa mabadiliko ya sheria mbalimbali kuwezesha utekelezaji wa Dira ya Taifa 2050: Torch Media, 1 Sep 2026. Accessed 17 Oct 2026.
• How OCPD lays legal foundation for implementation of Dira 2050: Daily News, 19 Sep 2026. Accessed 17 Oct 2026.
• Tanzania closes key gaps in its trade mark system: Spoor & Fisher, 14 Oct 2026. Accessed 17 Oct 2026.
• Tanzania closes key trademark law gaps: Managing IP, sponsored by Spoor & Fisher, 16 Oct 2026. Accessed 17 Oct 2026.
• Decision by the Court of Appeal of Tanzania: Clyde & Co, 25 Nov 2025. Accessed 17 Oct 2026.
• ARIPO trade mark applications designating Tanzania: Rive & Co, 11 Mar 2026. Accessed 17 Oct 2026.
• Tanzania's 2026 IP law reforms: AfricanLaw Intelligence and Research, 27 Mar 2026. Accessed 17 Oct 2026.
• Zatra fee register lines F0028, F0032, F0034, F0035, F0055 and F0061: Tanzania Government Fees 2026, fees at 26 Sep 2026. Accessed 17 Oct 2026.

Figures to confirm before you act

• Act number and commencement: No. 6 of 2026 and 2 October 2026 are from Spoor & Fisher; confirm in the Gazette or on the Attorney General's portal
• Enacted wording: section numbers 16A, 16B, 19A, 26(2) and 28A are from the Bill; confirm none changed at committee stage
• Patent and utility terms: twenty and ten years are from the Bill's Part XV; confirm the enacted text and BRELA's annuity schedule
• BRELA fees: F0028, F0032, F0034, F0035, F0055 and F0061 at 26 September 2026; the control number governs
• Collective and certification marks: no fee line exists yet; BRELA assesses the charge on filing
• Zanzibar: BPRA fees and the treatment of ARIPO marks on the islands were not verified
• ARIPO designations: watch for the ARIPO notice reopening Tanzania as a designated state

This article is general information based on official sources available at the date of publication. It is not legal, tax or financial advice. Laws and notices change. Verify with the issuing authority or consult Zatra before acting.