By Marius Schneider (ECTA International Trade Committee, IPvocate, Belgium) and Rubina Cateau (IPvocate Africa, Mauritius)Effective 1 December 2025, Tanzania will implement a mandatory trade mark recordation system for all imported goods. The system, introduced under Section 11A of the Merchandise Marks Act, 1963 (as amended by the Finance Act, 2025) and the Merchandise Marks (Recordation) Regulations, 2025, will be administered by the Fair Competition Commission (FCC).Under the new regime, any trade mark appearing on goods imported into Mainland Tanzania must be recorded with the Chief Inspector of Merchandise Marks at the FCC, regardless of where the mark is registered in Tanzania or not.This Recordation with the FCC is distinct from the trade mark registration procedure (which is a prerequisite).Recordation ProcessApplications for recordation must include:Details of the applicant, including nationality or jurisdiction of incorporation;Place of manufacture of the goods;Samples or clear images of the goods bearing the mark;Certified copies of the trade mark registration certificate;Information on authorised licensees or distributors; andPayment of the prescribed fee.Where the application is submitted by an agent, a Power of Attorney must also be provided.Recordations will be valid for one year and renewable annually. Goods without valid recordation may be detained or refused clearance at the border. The law also imposes penalties for false or misleading information provided in recordation applications.Rationale and Enforcement ImpactThe Tanzanian authorities have stated that the system is intended to combat counterfeit and infringing goods by enabling customs officials to quickly verify trade mark ownership and identify unrecorded or suspicious imports. The creation of a centralised register is expected to strengthen the country’s border enforcement capabilities.Implications for Right HoldersThis development marks a significant procedural change in Tanzania’s trade mark enforcement landscape. The measure applies to Mainland Tanzania only, but goods transiting through the mainland en route to Zanzibar will also be subject to these requirements.Our take on this RecordationNeighbouring Kenya has implemented a similar mandatory Recordation of trade marks with the Ant-Counterfeit Authority. Unlike what is the case in Tanzania, the absence of recordation in Kenya is a criminal offence. The Kenyan example has shown that there are major practical hiccups with the Recordation system. It is to be hoped that the Recordation will work smoother in Tanzania.Trade mark owners doing business in Tanzania should begin:Reviewing their trade mark portfolios to identify marks requiring recordation;Preparing the necessary documentation well in advance of the 1 December 2025 deadline; andUpdating licence and distribution agreements to ensure required disclosures to the FCC do not breach confidentiality obligations.Proactive planning will be essential to avoid costly delays or detentions at Tanzanian borders once the new system takes effect.