Intellectual Property, Corporate and Commercial, Banking and Finance, Energy and Natural Resources, International Trade
Languages
English and Kiswahili
Address
6th Floor, 3D Building, Adjacent Watumishi House Magomeni Usalama,
Business Registration and Licensing Agency (BRELA)
Admission
2024
Registration Number
586216
Registration Date
2024-10-04
Expiry Date
2050-12-31
Summary
DARSTATE ATTORNEYS is a duly registered law firm (Registration Number 586216) registered pursuant to and in accordance with the provisions of the Business Names (Registration) Act and the Rules made thereunder. The firm consists of professionals specializing in national and international business matters. The firm services range from the provision of legal advices on purchase of real properties, banking (security documentation), insurance matters, trade and service marks, lending and loan recoveries and other related issues. The firm is further dealing with provision of company’s secretarial services, drafting and reviewing various legal documents including contracts, transfer deeds in relation to real properties, registration of trade and service marks, security documentation, share purchase agreements and attending to registration of these documents at the respective Registries.
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Trademarks
Trademark Search
The primary goal of a trademark search is to ensure that the proposed mark does not infringe on existing trademarks, which could lead to legal disputes or rejection of the application.Through a trademark we shall assist looking to register a trademark to identify existing trademarks that may be similar or identical to the one being considered. We issue a search report containing our opinion on registrability of the intended mark(s).
Trademark registration involve several key steps to ensure that a trademark is legally protected. The process begins with the completion of the initial application followed by Examination Process whereby the application undergoes an examination by a trademark examiner who assesses compliance with trademark laws and checks for any conflicting trademarks.If the application passes examination, it is published in the Official journal for a 60-day period during which third parties can file an opposition against the registration.
The trademark opposition in Tanzania is a critical aspect of trademark law that allows parties to challenge the registration of a trademark they believe may cause confusion or harm. It begins by Filing an Opposition where by a party wishing to oppose a trademark must file a notice of opposition with the registrar of trademarks within 60 days from the date of a trademark application is published for opposition in the Industrial property Journal. The opposing party is duty bound to provide valid grounds for their opposition, which may include claims of likelihood of confusion with an existing trademark, or that the mark is merely descriptive or generic.After the notice is filed, the applicant will be having 60 days to file counterstatement and thereafter, the opposing party will have to file evidence by way of statutory declaration within 90 days from the date of receipt counter statement. The applicant shall file evidence in reply within 90 days from the date of receiving evidence of the opposing party. After evidence submission, the registrar will issue notice on date of hearing, leading to a decision by the trademark registrar, which can result in the trademark being either registered or denied based on the merits of the opposition.
This is an essential process which enable businesses to maintain their brand identity and legal protections. This process, ensure that, the brand remains legally protected, preventing others from using a similar mark that could confuse consumers and dilute the brand's identity.In Mainland Tanzania the registration or a trade or service mark shall be for a period of seven years from the date of registration but may be renewed from time to time on application made by the registered proprietor of a trade or service mark for a period of ten years from the date of expiration of original registration or of the last renewal of registration.
This is the legal process that allows trademark owners to revive their expired trademarks and reinstate them on the register of trademarks. It prevents others from using similar marks, which could lead to trademark infringement.In Tanzania, restoration is done upon payment of the renewal and late renewal fee together with a restoration fee. The Registrar may restore the mark to the register and issue restoration notice to the trademark owner if satisfied that it is just so to do, and upon such conditions as he may think fit to impose.
Trademark assignment refers to the legal process of transferring ownership of a registered trademark from one party to another. This process is crucial for businesses as it ensures that the new owner has the rights to use the trademark, which is a symbol, word, or phrase that identifies and distinguishes their goods or services. Where a person becomes entitled to a registered mark, he shall make the application to the Registrar to register his title. The application must be accompanied by Deed of Assignment signed by both the assignee and assignor.