(i) Trademarks
Our services in trademarks include the following:
• Searching, clearing, filing and registering trademarks and domain names in Tanzania, Zanzibar and other African countries.
• Representing clients in opposition and cancellation proceedings.
• Restoration of expired trademarks.
• Negotiating and litigating trade name, trade dress, unfair competition and comparative advertising disputes.
• Advising on domain names disputes.
• Providing watch services through searching trademark journals and gazette and advice on appropriate action on trademarks that are identical, similar or confusingly similar.
• Representing clients on domain name disputes before Tanzania Communications Regulatory Authority, courts and other administrative tribunals.
• Advising on other trademark, confidentiality and unfair competition issues that arise in cyberspace and e-commerce such as linking, framing, metatagging and cyberstuffing.
• Providing transaction advice and conducting due diligence in the evaluation and management of intellectual property in acquisitions, mergers, financings and bankruptcies.
• Advising trademark issues in franchise agreements, website development agreements and e-commerce agreements.
• Representing clients in litigation on all matters concerning trademarks.
• Assisting in all matters concerning counterfeit trademarks such as preparing the necessary documents and affidavits, arranging and assisting in search and seizure of counterfeit products, administering civil and criminal litigation in respect of all aspects of counterfeit trademarks, etc.
(ii) Patents
Our services in patents include the following:
• Preparation and filing of international patent applications in Tanzania, Zanzibar and other African countries.
• Management of international patent portfolio and devising strategies to assist in managing a patent portfolio.
• Analysis of third party rights which may interfere with our client's products or services and advice on subsequent action.
• Negotiating and preparing licenses, assignments, security interests and other agreements for inventions and patents.
• Performing a patent audit.
• Identifying areas where patent or design protection can be obtained or extended.
• Evaluating patent portfolios of clients.
• Evaluating patent portfolios of others.
• Conducting due diligence in commercial transactions of all kinds.
• Conducting studies on the appropriate methods for obtaining a right to manufacture or use.
• Restoration of expired patents.
• Representing clients in litigation on all matters concerning patents.
(iii) Utility Models
Our services in patents include the following:
• Preparation and filing of utility models in Tanzania, Zanzibar and other African countries.
• Analysis of third party rights which may interfere with our client's products or services and advice on subsequent action.
• Negotiating and preparing licenses, assignments, security interests and other agreements for utility models.
• Identifying areas where utility models can be obtained or extended.
• Conducting due diligence in commercial transactions of all kinds.
• Conducting studies on the appropriate methods for obtaining a right to manufacture or use.
• Representing clients in litigation on all matters concerning utility models.
(iv) Copyright
As a full service intellectual property law firm, we have developed specialist skills in copyright protection. We know that copyright law is one of the sophisticated and challenging areas of law throughout the World and requires dedicated attorneys. Recognizing this, we work to our best and we always don't let the rights of our international clients to be taken away. Generally, we advise on legal issues prescribed under the Copyright and Neighboring Rights Act, 1999 and Films and Stage Plays Act, 1984 and international conventions to which Tanzania is a Party. Our services include the following:
• Preparation and filing application for registration of copyrights at the Copyright Society of Tanzania.
• Advising on the type works covered by copyright and the duration of protection.
• Advising on the rights of the copyright owners.
• Negotiating and preparing licenses, assignments, security interests and other agreements for copyrights.
• Drafting and registration of copyrights over Internet based works and other internet based contracts such as website design/hosting agreements and electronic publishing agreements.
• Advising on the protection of goodwill, data, Internet content, confidential information and trade secrets.
• Advising on unfair competition on the Internet.
• Drafting in-house regulations for employees' use of copyrighted works, e-mail and the Internet.
• Conducting due diligence and title opinions for new media products and services.
• Clearing copyrights in materials to be used on websites or other multimedia products.
• Advising on the licensing of technology and digital content and preparing related agreements.
• Advising on website advertising.
• Advising on issues relating to selling over Internet (such as those involving licenses and jurisdiction).
• Opinion on infringements of new media products and services.
• Representing clients in litigation on all matters concerning copyrights.
(v) Designs
Our services in this area of practice include the following:
• Administering registration of industrial designs in Tanzania and other African countries who are the members of ARIPO.
• Negotiating and preparing licenses, assignments, security interests and other agreements for designs.
• Conducting due diligence on designs (in commercial transactions of all kinds).
• Restoration of expired designs.
• Representing clients in litigation on all matters concerning designs.
(vi) Plant Breeders
Our services in this area of law include the following:
• Advising on the availability of protection in an invention concerning plants.
• Assisting in the registration of protected new plant varieties.
• Assisting in overcoming objections during the registration process.
• Assisting in lodging objections for applications that infringes legal rights of our clients.
• Assisting in all matters concerning licenses and assignments of plant breeders’ rights.
• Assisting in cancellation and infringement proceedings concerning plant breeders.
(vii) IP Audit and Verification
Lexglobe LLP has strong experience in supporting worldwide intellectual property audit and verification projects. Our familiarity with the East African intellectual protection systems (including prosecution and defending claims on breach of intellectual property rights) enables us to provide valuable support in worldwide intellectual property audit and verification projects. The specific services that our law firm provides in intellectual property audit include the following:
• Assisting new intellectual property managers in companies to become familiar with the status of the intellectual property portfolio
• Evaluating the legal status of intellectual property assets in mergers and acquisitions
• Providing support in transfer or assignment of intellectual property rights with a view to ensuring that transfer or assignment meets the interests of both parties
• Providing support in licensing arrangements
• Evaluating intellectual property assets when there is significant change in case or statutory law
• Providing intellectual property audit in financial transactions involving intellectual property rights such as loans, public offerings, private placements and other transactions which directly involve company's intellectual property, or in which the intellectual property of the company is or could be significant
• Providing intellectual property audit to companies adopting new programs or policies, such as aggressive foreign filing program, new marketing approach or direction, expansion of a product line or services, company reorganization, or any other corporate change that could affect the interaction between the company's intellectual property and the marketplace.
(viii) Passing Off
Lexglobe LLP advises international clients on the possibilities of commencing passing off action and represents clients in passing off proceedings. Passing Off is the act of using for own benefit the reputation and goodwill some other person has built up for his business in the market. Under the Tanzanian law, passing off is a tort. It is a remedy available to owners of intellectual property rights that are not registered in Tanzania. It covers various kinds of reputation and goodwill in commercial and non-commercial transactions and professional arrangements. Action for passing off can be commenced where there is unauthorized use of trade names, company names, domain names, symbols, signs, devices, trademarks, color schemes, lay-out shapes and get-ups of the article in trade and characters in copyrighted works and patented inventions. Most of our clients are foreign owners or assignees of intellectual property rights that are not registered in Tanzania. Our intellectual property law specialists work hand in hand with litigation attorneys to ensure that the rights of our clients are protected throughout in the process. We also assist our clients in arranging and negotiating settlement agreements that are structured on the basis equitable commercial principles.
(ix) Trademark Watching
Lexglobe LLP is dedicated to providing clients with comprehensive trademark watching services. Trademark owners in Tanzania are encouraged to list their most important marks with a trademark watching services firms like Lexglobe LLP. As a watching services firm, we inform the trademark owner of attempts by unauthorized persons to register conflicting marks, so that oppositions to adverse applications may be filed. It is normal for a lawful trademark owner who is looking to expand its business to discover that its trademark has already been registered in a target country, perhaps even by a 'local agent' or local 'trademark pirate'. In such cases, the rightful owner may be left with no alternative but to purchase the mark from the thief. If the owner does not submit to this extortion, it may have to choose a different mark, or face a lawsuit for using the mark it created! This result can be avoided if you use our trademark watching services. The opposition procedure, which follows acceptance, is designed as the main forum for contesting by the rightful owner of the registrability of a trademark. To make use of this procedure, it is necessary to monitor trademarks that have been filed and accepted by the Trademark Office, so that an opposition can be filed. An opposition must be filed within sixty (60) days from the date of publication of the trademark application. Trademark Register is, therefore, a valuable resource for collecting relevant information about competitors' marketing or strategic plans. By watching new trademark filings, it is possible to obtain information about competitors' products months before they are launched into the market place. Lexglobe LLP provides a wide range of watching services at very competitive prices. Our watching services include:
• A monthly watch for filing of a specific trademark (filing watch) for specific trademark.
• A monthly watch on publication in the Trademark Journal of a particular trademark application (application watch).
• A monthly watch on all trademarks filed in any given name (name watch).
• A monthly report on all trademarks published in any designated class (class watch).
