No. 12
Trade and Service Marks
1986
15
(c) where a trade or service mark is applied to goods or services to be
exported from Tanzania such use shall be deemed to be equivalent to
the use of trade or service mark in relation to those goods or services
in Tanzania; and
(d) the use of an associated registered trade or service mark, or of the
trade or service mark with additions or alterations not substantially
affecting its identity may be accepted as an equivalent for the use
of the trade or service mark.
(4) The renewal referred to in subsection (2) shall be effected in respect
of all goods or services covered by subsections (2) (a) and (2) (b); and
(3) (b).
(5) Where the registration of a trade or service mark has expired
through non-payment of the fee for renewal or other wise, such trade or
service mark shall nevertheless, for the purpose of any application for
registration of a trade or service mark during the year following the date of
expiration, be deemed to be a trade or service mark that is already on the
register, provided that the foregoing provisions of this subsection shall not
have effect where the Registrar is satisfied either(a) that there has been no bona fide use of the trade or service mark
whose registration has expired at any time during the three years
immediately preceding the expiration; or
(b) that no deception or confusion would be likely to arise from the
use of the trade or service mark that is the subject of the application
for registration by reason of any previous use of the trade or service
mark whose registration has expired.
PART VII
EFFECT OF REGISTRATION, INFRINGEMENT AND UNLAWFUL ACTS
30. No person shall be entitled to institute any proceedings to prevent
or to recover damages for, the infringement of an unregistered trade or
service mark, but nothing in this Act shall be deemed to affect rights of
action against any person for passing off goods or services as the goods or
services of another person, or the remedies in respect thereof.
Unregistered
Trade or
service
Mark
31. Subject to the provisions of this Act and any limitations or
conditions entered in the register, the registration of a trade or service right
mark shall, if valid, give or be deemed to have given to the registered
proprietor the exclusive right to the use of a trade or service mark in
relation to any goods including sale importation and offer for sale or
importation.
Exclusive
right
32,(1) The exclusive right referred to in section 31 shall be deemed to
be infringed by any person who, not being the proprietor of a trade mark
or registered user thereof using by way of the permitted use, uses a sign
dither(a) identical with or so nearly resembling it as to be likely to deceive
or cause confusion, in the course of trade or business, in relation to
Infringement