QUESTION ONE
Mwananchi Spring Beverages Ltd. intends to register the word “PURE” for its new bottled
water product, packaged in a sleek blue bottle with a silver cap. The name “PURE” is
prominently displayed on the label in bold uppercase. Mwananchi claims the name is
distinctive and wants exclusive rights over it.
1. Based on the Trade and Service Marks Act [Cap. 326 R.E. 2002], examine the
registrability of the word “PURE” as a trademark for bottled water.
2. If another company also uses the word “PURE” for cosmetics, would Mwananchi be
able to claim exclusive rights? Justify your answer using the law.
QUESTION TWO
Mr. Hemed registered a trademark “H-STYLE” for his clothing business in 2007 under Class
25. He renewed the trademark in 2017. In 2024, he files another renewal application, but the
Registrar informs him that the renewal request was filed outside the statutory time frame.
Questions:
1. For how many years is a registered trademark protected after each renewal under
Tanzanian law? Refer to the relevant provisions.
2. What can Mr. Hemed do to address the issue of late renewal under the Trade and
Service Marks Regulations? What documents are required?
3. In the event Mr. Hemed fails to renew the trademark within the grace period and the
Registrar revokes the mark from the register, what recourse does he have?
QUESTION THREE
Glam Touch Enterprises registered the trademark “SHEEN” under Class 3, which covers
cosmetic and cleaning preparations. Later, they discovered their products are mainly
categorized under Class 5 (pharmaceuticals). The trademark has already been registered.
i. What steps should Glam Touch Enterprises take upon realizing their trademark was
registered in the wrong class?
ii. Can the class be corrected post-registration?
QUESTION FOUR
In 2017, Mambo Foods Ltd. registered the word “MAMBOFEAST” in Class 29 for canned
meat products. In 2025, the company expanded to include a ready-to-eat beef snack and
submitted an application to register “MAMBOSNACKS” in the same Class 29. The Registrar
issued a refusal stating that the proposed trademark is confusingly similar to
“MAMBOFEAST,” which is already registered by the same company.
As the company’s legal advisor, provide a legal opinion explaining:
The concept of associated trademarks under Tanzanian law.
Why the Registrar may have valid grounds for refusal despite both trademarks being
owned by the same proprietor.
What remedies or steps the company may take in response to the refusal.
QUESTION FIVE
Neema Natural Products Ltd. is the registered owner of the trademark “ZURI HERBAL” for
natural beauty soaps under Class 3. After successfully branding and advertising their products
nationwide, another company, Zuru Beauty Co., launches a new soap product under the
name “ZURI GOLD”, also in Class 3.
Neema Natural Products Ltd. believes the new product name is likely to cause confusion
among consumers and dilute their brand identity. They have approached you for advice.
Questions:
1. What constitutes trademark infringement under the Trade and Service Marks Act
[Cap. 326 R.E. 2002]? Assess whether there is a valid claim for infringement in this
case.
2. What remedies are available to Neema Natural Products Ltd. under the law? Refer to
relevant legal provisions and principles.
QUESTION SIX
"Mwasi Organics Ltd., a well-known Tanzanian company, has sold natural hair care products
under the registered trademark ‘AFRI CURLS’ since 2014. The brand has built a loyal
customer base and is especially recognized for its distinct green-and-gold packaging.
In 2023, a new business called ‘AFRICURL Naturals’ began selling similar hair care
products. The packaging is nearly identical in colour, style, and overall presentation. Mwasi
Organics notices a decline in their sales and confusion among customers who believe the two
brands are related.
Mwasi Organics has now filed a claim in the High Court, alleging trademark
infringement and passing off."
1. Does this case constitute trademark infringement under Tanzanian law? Why or
why not?
2. Identify the remedies available to Mwasi Organics?
3. How would the claim differ if Mwasi Organics had not registered the trademark and
what elements would Mwasi Organics rely on?
4. What factors would the court consider in determining whether there is a likelihood
of confusion?