10 Prohibition of registration of identical or resembling trade or service mark No. 12 Trade and Service Marks 1986 20.-(1) Subject to the provisions of subsection (2) trade or service mark cannot be validly registered in respect of any goods or services if it is identical with a trade or service mark belonging to a different proprietor and alredy on the register in respect of the same goods or services or closely related goods or services or that so nearly resembles such a trade or service mark as to be likely to deceive or cause confusion. (2) In the case of honest concurrent use, or of other special circumstances, trade or service marks that are identical or nearly resemble each other in respect of the same goods or services or closely related goods or services may be registered in the name of more than one proprietor, subject to such conditions and limitations, if any, as considered necessary to impose. (3) Where separate applications are made by different persons to be registered as proprietors respectively of trade or service marks that are identical or nearly resemble each other in respect of the same goods or services or closely related goods, or services, the Registrar may refuse to register any of them until their rights have been settled by agreement in a manner approved by him, or on appeal, by the court. PART V APPLICATION PROCEDURE, EXAMINATION AND OPPOSITION To REGISTRATION Application for Registration Priority under the convention 21.-(1) Any person who or whose proposed registered user uses or proposes to use a trade or service mark shall apply for the registration of the trade or service mark. (2) The applications shall be made in writing to the Registrar as prescribed and shall include(a) the name and address of the applicant; (b) the trade or business description of the applicant; (c) are production of the trade or service mark; (d) the particular goods or services in respect of which registration of the trade or service mark is applied for listed under the applicable classes of the International Classification; (e) if the applicant's address is outside Tanzania an address for service within Tanzania ; (f) a declaration that the applicant or his proposed registered user is using or proposes to use the trade or service mark within Tanzania. 22.-(1) Any person who has applied for protection for any trade or service mark in a country of the Convention, or his legal representative or assignee (if such assignee is also so qualified), shall be entitled to claim the benefits of the earlier application and its registration date in Tanzania shall be deemed to be the same date as the date of the application in the country of the Convention, provided that the application for registration is made within six months from the date of earlier application. (2) Where applications have been made for the registration of a trade or service mark in two or more countries of the Convention, the period of six months referred to in subsection (1) shall be reckoned from the date on which the earlier or earliest of those applications was made.

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