Logo design and service mark registration Tanzania: a guide for companies

What a service mark is

A service mark identifies a service rather than a product. A consultancy, a school, a clinic, a hotel, a transport firm, a construction contractor, a software studio and a law or accounting practice all sell services. Their clients do not take a labelled packet home. They remember a name, a logo and a standard of work.

Under the Trade and Service Marks Act, Cap. 326, a mark used to distinguish the services of one business from another's is a service mark. It sits on the same register as a trade mark and is examined in the same way. The difference is the class. Goods fall in Nice classes 1 to 34. Services fall in classes 35 to 45.

For a company, the service mark is the legal right behind the corporate logo. It is what lets the owner object when a competitor opens with a near-identical name and badge.

Why a corporate logo needs more than a good drawing

A corporate logo works on an office door, a website header, an invoice, a vehicle, a uniform, a social media avatar and a tender cover. It has to read at 16 pixels and at three metres. It also has to be distinct enough to register.

A company logo that is registrable and usable shares five qualities:

• It is distinctive rather than a picture of the service itself.
• It has a version that works in one colour.
• It has a stacked and a horizontal layout.
• It does not copy a mark already on the register.
• It is owned by the company, with the design files handed over in full.

The NEMBO guide to brand identity systems and logos explains when a logo is enough and when a full identity system is the better buy. This guide covers the registration side.

What the law says

Mainland Tanzania registers service marks under Cap. 326 and the Trade and Service Marks Regulations, GN 40 of 2000. BRELA examines and registers. Three points from recent years affect a company that plans to file.

• The Court of Appeal decided Lakairo Industries Group Co. Ltd and others v Kenafrica Industries Ltd and others, Civil Appeal No. 593 of 2022, on 26 September 2025. Law firm alerts report that an ARIPO designation of Tanzania could not be enforced there. A company that wants protection on the Mainland files nationally.
• Part XXI of the Written Laws (Miscellaneous Amendments) Act, 2026, is reported to amend the marks statute. Its commencement and section numbers should be confirmed in the Gazette before a filing decision relies on them. The Zatra note on the 2026 amendment tracks the position.
• Zanzibar keeps its own register. A company that trades in Unguja or Pemba files there as well.

Who should read this

Company directors, partners and managers who sell a service under a name and badge. That includes start-ups that were recently incorporated, firms that are about to rebrand, groups that run several subsidiaries under one logo, and companies that have outgrown a logo made in a hurry. Sellers of packaged goods should read the trade mark guide.

Which Nice classes does a service company need?

The class follows the service the company sells to clients. Most companies need one to three classes.

A company that also sells branded goods adds a goods class. A consultancy that publishes handbooks, for example, may want class 16 for the printed books alongside class 35 or 42 for the consulting. The advocate or agent confirms the final list against the current Nice edition.

Is a company name the same as a service mark?

No. Registering a company under the Companies Act records its legal name. It does not register a service mark. The two registers are separate and the rights are separate. A company can hold a certificate of incorporation and still find that a rival holds the mark for the same services. The Zatra note on why a company name is not a trade mark sets out the difference.

Should the logo be designed before or after the search?

After a first search and before filing. The sequence that protects spend has four steps.

1. Shortlist two or three names and check each against the register by class.
2. Remove names that clash and keep the names that look clear.
3. Brief the designer on the clear names.
4. Finalise the logo, then file.

A search by a consultant narrows risk but is not a legal clearance opinion. An advocate advises on risk, and the registrar decides whether the mark is registered.

Name, logo or both?

For many service companies the name is the lasting asset. The logo is redrawn every few years. Filing the word mark first, then the logo once it is settled, is a common order.

What files does the registrar and the company need?

The filing representative confirms the exact attachments against the current BRELA procedure before lodging.

Who owns the mark inside a group?

Ownership is a decision, not a default. A group with a holding company and operating subsidiaries must choose which entity owns the mark and whether the others use it under licence. The applicant on the filing should match the entity that will own the brand. If the mark is later moved between entities, that is an assignment, and it has its own formalities. Clyde and Co's note on assignment and transmission of trade and service marks describes the issues. A director who files in a personal name and later leaves can leave the company without its own mark.

Who does what

NEMBO does not file and does not decide the outcome.

Mainland, Zanzibar and ARIPO

What does it cost?

Two buckets, always shown apart.

1. Government fees. Paid to BRELA against a control number, per class and per filing step. The amounts come from the Zatra fee register with their IDs and change over time, so this guide does not print them.
2. Professional and design fees. NEMBO for the logo and filing artwork, Zatra Consultants for preparation, the advocate or agent for filing. NEMBO quotes in writing after the brief.

A worked example

A fictional firm, Pwani Logistics Limited, runs clearing and forwarding from Dar es Salaam and plans to open an office in Mombasa.

• The directors shortlist two names. The search finds a similar name in transport services but not in clearing and forwarding, and the advocate advises that the second name carries less risk.
• The designer produces a wordmark with a simple anchor symbol, a one-colour version for stamps and a stacked layout for vehicle doors.
• The services fall in class 39, and the firm adds class 35 for consulting on trade documents.
• The firm files the word mark first and the logo after the vehicle livery is approved, in the name of the company, not a director.

The example is an illustration, not a client case or a forecast.

What to do now

1. Shortlist names. Two or three, with notes on how each will be used.
2. Search by class before design. Ask an advocate to read the result.
3. Decide the owner. Choose the entity that will hold the mark and keep the applicant details exact.
4. Choose the filing: name, logo or both. Match the brand plan.
5. Brief the designer on the clear names. State the services, the places the logo will appear and any one-colour needs.
6. Approve the filing artwork. Test it small and in black and white.
7. File through an advocate or registered agent. Pay BRELA fees separately.
8. Check Zanzibar and the next market. Ask whether a Zanzibar filing or a foreign filing is needed.

How NEMBO and Zatra help

NEMBO designs the corporate logo, the filing artwork and the brand files. Zatra Consultants Limited researches the names, prepares the application pack and checks classes and applicant details. An advocate or registered agent files with BRELA. The service is on the NEMBO logo and service mark page. Quotes are in writing after the brief.