Mozambique Trademark registration
In Mozambique the legal basis is the Industrial Property Code of Mozambique Decree no.89/99 of 4 May 1999. Mozambique is a member of the Paris Union, Madrid Agreement , World Intellectual Property Organization (WIPO), Madrid Protocol and WTO. Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Requirements
A trademark application has to be filed before the Industrial Property Institute (IPI) in Maputo by a local agent. A power of attorney, signed before a Notary Public, incorporating a Portuguese translation, together with 10 prints, except for word marks in ordinary type. Priority document (if applicable), with a verified Portuguese translation. Foreign applicants do not need a domestic registration.
Procedure
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. It takes approximately 6-12 months from first filing to registration. After registration, the trademark is published in the bi-monthly “Boletim da Propriedade Industrial”. Extension of the opposition period is NOT possible.
Duration
A trademark registration in Mozambique is valid for 10 years and starts from the date of filing The registration is renewable for periods of 10 years.
Methods
NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office. INTERNATIONAL REGISTRATION (MADRID SYSTEM)*: If you already have filed a trademark application or have a trademark registration in one or more countries of the Madrid Union (based on the Madrid Agreement and Madrid Protocol), you can obtain trademark protection by filing one single application, so called International Registration (Madrid System). *Note: The fees for an International Trademark Application (WIPO) will be calculated for each individual country or multiple countries. For a quotation please send us an e-mail with the name of countries where you currently have a registration and all preferable countries where you wish to extend your trademark protection.
Extra
A cancellation action may be brought by any interested party when a registered trade mark has not been used for an uninterrupted period of at least three years up to one month prior to the submission of the request. In general however, failure to use the mark for an interrupted period for at least 3 years up to one month prior to the submission of the request may constitute grounds of cancellation.