No. 12
Trade and Service Marks
1986
17
(c) in relation to goods which have been sold or offered for sale in
Tanzania under the trade mark by the proprietor or any associated
company of the proprietor, wherever incorporated or with the
proprietor's consent, unless the condition of the goods is modified
or impaired after they have been sold or offered for sale.
(4) The use of a registered trade mark, being one of two or more registered trade marks that are identical or nearly resemble each other in
exercise of the right to the use of that trade mark given by registration
under section 31 shall not be deemed to be an infringement of the right
so given to the use of any other of those trade marks.
(5) For the purpose of this section, the reference to the use of a sign by a
person not being the proprietor thereof or a registered user using by way
of permitted use shall be construed as including reference to the audible
use of the sign.
33. Nothing in this Act shall entitle the proprietor or a registered user
of registered trade or service mark to interfere with or restrain the use by
any person of a trade or service mark identical with or nearly resembling it,
in relation to goods or services in relation to which that person or
a predecessor in title of his Bona fide use of name or description has continuously used that trade or service mark from the date anterior(i) to the use of the first mentioned trade or service mark in relation to
those goods or services by the proprietor or his predecessor in title; or
(ii) to the registration of the first mentioned trade or service mark in
respect of those goods or services in the name of the proprietor or
his predecessor in title, whichever is the earlier, or to object (on such
use being proved) to that person being put on the register for that
identical or nearly resembling trade or service mark in respect of
those goods or services under section 20(2).
34. No registration of a trade or service mark shall interfere with
(i) the bonafide use by any person of his own name or of the name of
the geographical location of his business, or of the name of any
of his predecessors in. business; or
(ii) the use by any person of any bonafide description of the character
or quality of his goods or services, not being a description that
would be likely to be taken as importing any such reference as is
mentioned in section 32 (1) (a) (ii).
Right to
continue use
Bona fide use
of name of
description
PART VIII
REMOVAL FROM, RECTIFICATION, CORRECTION OF
THE REGISTER
35.-(1) A registered trade or service mark shall be removed from the
register in respect of any of the goods or services in respect of which it is
registered on application by an aggrieved person to the court or, at the
option of the applicant under the provisions of section 55 of this Act,
to the Registrar, on the ground that up to one month prior to the filing
of the application a continuous period of three years or longer had
Removal on
the ground of
non-use