Tanzania’s highest court has confirmed that ARIPO trademark registrations designating Tanzania are not enforceable, as the Banjul Protocol on Marks has not been ratified or incorporated into national law. While Tanzania is a signatory to the Protocol, international treaties become legally effective only after being enacted domestically.

Trademark protection in Tanzania is therefore governed solely by national law, with rights acquired through direct local registration. ARIPO designations that include Tanzania do not grant enforceable rights and are not recognized by local authorities or courts.

The decision reinforces Tanzania’s adherence to the territorial and first-to-file principles, under which protection is limited to the jurisdiction of registration and ownership is granted to the first applicant.

Rights holders relying on ARIPO designations are encouraged to review their portfolios and ensure that key trademarks are filed directly with the Tanzanian Trademarks Office. Local filing remains the only effective route to obtain enforceable protection and to take action against infringement.