República Unida de Tanzanía

Rehema Michael Sanga, Wilfred Jumanne Mwazini and Samwel Jumanne Mwazini Trading as Mwasare Investment v Beidersdorf AG Company, Miscellaneous Civil Case No. 160 of 2013, High Court of Tanzania, Commercial Division at Dar es Salaam

Makaramba, J.

Date of Ruling: March 19, 2014

Facts

The application for registration of a trade mark was filed at the Registry of Trade and Service Marks. A notice of opposition to the registration was filed. One of the applicants preferred the matter be adjudicated by another person, such as the Deputy Registrar, instead of the Registrar. The Registrar found the opposition proceedings to be complex; hence, he decided to refer the matter to the High Court pursuant to section 49 of the Trade and Service Mark Act [Cap. 326 R.E. 2002].

Holdings

(i) The Registrar has discretionary powers to refer a matter to court for determination.

(ii) The Registrar may exercise such discretion where it appears to him that, the matter to be decided by the Registrar involves a point of law or is of unusual importance or complexity, although the law does not give any directions as to what may amount to "a matter of unusual importance or complexity."

(iii) Before the Registrar may refer such a matter to court, he has to give notice to the parties.

(iv) The request for recusal of the Registrar from handling the opposition proceedings to the registration of the trade mark does not amount to a matter of unusual importance or complexity.

Decision

(i) The application for reference to this court by the Registrar was misconceived and should be struck out because the Registrar correctly exercised its discretion by determining that this matter did not meet the “unusual importance or complexity” criteria.

(ii) The Registrar of Trade and Service Marks was ordered to continue with the hearing and determination of the opposition proceedings according to the law.