About Intellectual Property IP Training Respect for IP IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgments IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships AI Tools & Services The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars IP Enforcement WIPO ALERT Raising Awareness World IP Day WIPO Magazine Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Finance Intangible Assets Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Webcast WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO Translate Speech-to-Text Classification Assistant Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight
Arabic English Spanish French Russian Chinese
Laws Treaties Judgments Browse By Jurisdiction

United Republic of Tanzania

TZ012-j

Back

Godrej Consumer Products Limited v HB Worldwide Limited, Commercial Appeal No. 2 of 2019, High Court of Tanzania, Commercial Division at Dar es Salaam

GodreJ. Consumer Products Limited v HB Worldwide Limited, Commercial Appeal No. 2 of 2019, High Court of Tanzania, Commercial Division at Dar es Salaam

Magoiga, J.

Date of the Ruling: March 22, 2020

Facts

The respondent filed an application for the registration of the trade mark "HIT" in class 5 before the Registrar of Trade Marks. The respondent filed three sets of preliminary objections to the effect that there was no service to the respondent as per regulation 37 of the Trade and Service Marks Regulation; there was non-compliance with section 10 of the Oath and Statutory Declaration Act, [Cap. 34 R.E. 2002]; and section 8 of [Cap. 12 R.E. 2002] as amended by Section 47 of the Written Laws (Miscellaneous Amendment (No. 2) Act, 2016. The Registrar sustained all the objections and dismissed the opposition.

Holdings

(i) The use of the phrase “unless the registrar otherwise directs” in the context of regulation 37 of Trade and Service Marks Regulation of 2000, insinuates that the word “shall” is not mandatory.

(ii) The sixty days (60) are provided to limit the time within which parties collect evidence to support the opposition by way of statutory declaration upon being served with the counter statement filed under regulation 36 of the Regulations.

(iii) The declarations to be made under the Regulations are governed by the Interpretation of Laws Act, Cap. 1, and not Caps. 12 and 34.

Decision

The Deputy Registrar erred in applying the law; consequently, his orders are reversed except for one ground on the issue of competency of the notice, which was allowed although based on the wrong provision. The Registrar misinterpreted the phrase "shall" in interpreting regulation 37 of the Regulations. The trade mark registration is completed after the Deputy Registrar's ruling is revoked.