10
Prohibition of
registration of
identical
or resembling
trade or
service mark
No. 12
Trade and Service Marks
1986
20.-(1) Subject to the provisions of subsection (2) trade or service mark
cannot be validly registered in respect of any goods or services if it is identical with a trade or service mark belonging to a different proprietor and
alredy on the register in respect of the same goods or services or closely
related goods or services or that so nearly resembles such a trade or service
mark as to be likely to deceive or cause confusion.
(2) In the case of honest concurrent use, or of other special circumstances, trade or service marks that are identical or nearly resemble each
other in respect of the same goods or services or closely related goods
or services may be registered in the name of more than one proprietor,
subject to such conditions and limitations, if any, as considered necessary
to impose.
(3) Where separate applications are made by different persons to be
registered as proprietors respectively of trade or service marks that are
identical or nearly resemble each other in respect of the same goods or
services or closely related goods, or services, the Registrar may refuse
to register any of them until their rights have been settled by agreement
in a manner approved by him, or on appeal, by the court.
PART V
APPLICATION PROCEDURE, EXAMINATION AND OPPOSITION
To REGISTRATION
Application
for
Registration
Priority
under the
convention
21.-(1) Any person who or whose proposed registered user uses or
proposes to use a trade or service mark shall apply for the registration
of the trade or service mark.
(2) The applications shall be made in writing to the Registrar as prescribed and shall include(a) the name and address of the applicant;
(b) the trade or business description of the applicant;
(c) are production of the trade or service mark;
(d) the particular goods or services in respect of which registration of the
trade or service mark is applied for listed under the applicable
classes of the International Classification;
(e) if the applicant's address is outside Tanzania an address for
service within Tanzania ;
(f) a declaration that the applicant or his proposed registered user is
using or proposes to use the trade or service mark within Tanzania.
22.-(1) Any person who has applied for protection for any trade
or service mark in a country of the Convention, or his legal representative
or assignee (if such assignee is also so qualified), shall be entitled to claim
the benefits of the earlier application and its registration date in Tanzania
shall be deemed to be the same date as the date of the application in the
country of the Convention, provided that the application for registration
is made within six months from the date of earlier application.
(2) Where applications have been made for the registration of a trade
or service mark in two or more countries of the Convention, the period
of six months referred to in subsection (1) shall be reckoned from the date
on which the earlier or earliest of those applications was made.