No. 12
Trade and Service Marks
1986
27.- (1) Any person may, within the time limit as prescribed from the
date of advertisement of an application, give notice to the Registrar of
opposition to the registration., on the grounds that such application does
not satisfy the requirements of Part IV.
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Opposition
(2) In addition to the grounds aforesaid any of the following are also
grounds for the purpose of opposition to the registration of a trade or
service mark-(a) where the trade or service mark resembles, in such a way as to be
to deceive or cause confusion, with an unregistered trade or service
mark used earlier in Tanzania by a third party on relation to the
same goods or services or closely related goods or services, provided
that, an application for the registration of the earlier used unregistered trade or service mark is filed at the same time as the notice of
opposition;
(b) where the trade or service mark resembles in such a way as to be
likely to deceive or cause confusion, with a business or company name
already used in Tanzania by a third party; and
(c) where the trade or service mark is filed by the agent or the representative of a third party who as the proprietor of the trade or service
mark in an another country, without the authorization of such proprietor, unless the agent or representative justifies his action.
(3) The notice shall be given in writing in the prescribed manner and
shall include a statement of the grounds of opposition.
(4) The Registrar shall send a copy of the notice to the applicant and,
within the prescribed time after receipt thereof, the applicant shall send
to the Registrar, in the prescribed manner, a counter statement of the
grounds on which he relies for this application, and if he does not do so,
he shall be deemed to have abandoned his application.
(5) If the applicant sends such counter--statement as aforesaid, the
Registrar shall furnish a copy thereof to the person giving notice of opposition, and shall, after hearing the parties if so required, and considering the
evidence, decide whether, and subject to what conditions or limitations,
if any, registration is to be permitted.
(6) On appeal from a decision of the Registrar under this section the
court may, after hearing the Registrar permit the trade or service mark
proposed to be registered to be modified in any manner not substantially effecting the identity thereof but in any such case the trade or service
mark as so modified shall be advertised in the prescribed manner before
being registered.
28.-(1) When an application for registration of a trade or service mark
has been accepted, and either(a) the application has not been opposed and the time for notice of
opposition has expired; or
(b) the application has been opposed and the opposition has been decided in favour of the applicant, the Registrar shall, unless the application has been accepted in error register the trade or service mark,
Registration