Trademarks Law in Mozambique
Here is an overview of Trademark Law in Mozambique, reflecting the latest legal framework and procedures:
๐ฒ๐ฟ Trademark Law in Mozambique
Mozambique's trademark system is governed by the Industrial Property Code, established under Decree No. 47/2015, which came into force on March 31, 2016. This Code replaced the previous 2006 legislation and aligns Mozambique's intellectual property laws with international standards. (Inventa, Mondaq)
๐งพ Key Features of Mozambique's Trademark System
1. Registration System
First-to-File Principle: Trademark rights in Mozambique are acquired through registration, not use. This means that the first party to file a valid application for a trademark has the exclusive right to use it, regardless of prior use by others.
Examination Process: Upon filing, the Industrial Property Institute (IPI) conducts a formal examination to assess compliance with legal requirements. If no grounds for refusal are found, the trademark is registered. The average time from filing to registration is approximately 12 to 18 months for a smooth application. (The International Trade Council)
2. Opposition Procedure
Publication: Trademark applications are published in the Industrial Property Bulletin.(The International Trade Council)
Opposition Period: Any interested party may file an opposition within 30 days from the publication date. This period is not extendable.
3. Duration and Renewal
Protection Period: Trademark registrations are valid for 10 years from the registration date. Renewal applications must be filed within six months prior to the expiration date. A six-month grace period is available after expiration, subject to additional fees.
Renewal Term: Registrations can be renewed indefinitely for successive 10-year periods.
4. Use Requirements
Declaration of Intent to Use (DIU): Trademark owners must file a DIU every five years following the initial registration. Failure to submit a DIU may result in cancellation of the trademark. However, the DIU system allows mark owners to maintain exclusive rights regardless of actual use in the territory. (De Beer Attorneys, Inventa)
Non-Use Cancellation: If a trademark is not used for an uninterrupted period of at least three years, it may be subject to cancellation by an interested party. (trademarkhost.com)
5. International Protection
Madrid Protocol: Mozambique is a member of the Madrid Protocol, allowing for international trademark registration through the World Intellectual Property Organization (WIPO). This system enables applicants to seek protection in multiple countries with a single application.
ARIPO Membership: Mozambique is a member of the African Regional Intellectual Property Organization (ARIPO) and has acceded to the Banjul Protocol, enabling the filing of a single trademark application for multiple member states. Mozambique has incorporated the provisions of the Protocol into its national laws, making ARIPO registrations enforceable within the country. (International Trademark Association)
๐ Summary Table
| Feature | Details |
|---|---|
| Governing Law | Industrial Property Code (Decree No. 47/2015) |
| Registration Authority | Industrial Property Institute (IPI) |
| Duration | 10 years from registration, renewable every 10 years |
| Opposition Period | 30 days from publication |
| Use Requirement | Declaration of Intent to Use (DIU) required every 5 years; non-use may lead to cancellation |
| Non-Use Cancellation | Possible after 3 consecutive years of non-use |
| Multi-class Applications | Allowed; Nice Classification system |
| International Treaties | Madrid Protocol, ARIPO, Paris Convention |
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