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Tanzania decisions
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The High Court dismissed an appeal over registration of TROPICANA, holding it distinct from TROPIKA and finding no likelihood of consumer confusion.
The marks ABRO and ABRI are registered in different classes and differ in their line of business. There is no evidence of actual confusion or damages, and the Appellant failed to prove that ABRO is a well-known mark in Tanzania. The law permits co-existence of similar trademarks in different classes, and the Deputy Registrar did not err in law or fact.
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The trademarks ABRO and ABRI are registered in different classes and serve different lines of business. There is no evidence of actual confusion or damages, and the Appellant failed to prove that ABRO is a well-known trademark in Tanzania. The law permits co-existence of similar marks in different classes, and the Deputy Registrar did not err in law or fact.
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The High Court held that Lakairo parties infringed Kenafric’s trademark rights in Orange Drops and Pipi Kifua and passed off all three products.
Neither party has exclusive rights to the generic word 'Afya' as it is not inherently distinctive for drinking water. Both trademarks are registered and have distinctive features; thus, no substantial similarity or likelihood of confusion exists. Furthermore, as both marks are validly registered, an infringement action cannot lie between the parties unless one registration is invalidated or removed.
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Trademark and passing-off claim dismissed: the court found the marks were not similar as a whole, both marks were registered, and special damages were not proved.
Bata Limited Canada was not the registered proprietor of the 'Bata' trademark at all material times, having assigned it to Bata Brands s.a.r.l, Switzerland before the relevant period. Although the marks 'Bata' and 'Bora' are similar and likely to cause confusion, Bora Industries Ltd is the registered proprietor of its own mark and followed proper registration procedures. No infringement or passing off by Bora Industries Ltd was established against Bata Limited Canada, who no longer had standing after assignment of the trademark.
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The Applicant failed to prove that FLOR DE CANA is a well-known trademark in Tanzania or that it is registered in Tanzania. There is no evidence of confusion between the 1st Respondent's FLOR mark and the Applicant's FLOR DE CANA mark. Trademark rights are territorial and require registration in Tanzania for protection. The application for cancellation is dismissed.
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The High Court ordered expungement of the WILD CAT trademark registration, finding the applicant was the prior user and the registration was wrongly maintained.
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