Trademark registration in Mozambique. Mozambique, officially the Republic of Mozambique, is a country located in Southeastern Africa. Although Mozambique was one of the poorest countries in the world, this country has seen a sharp increase in the past few decades. More than 1,200 mostly small state-owned enterprises have been privatized. Preparations for privatization and/or sector liberalization were made for the remaining parastatal enterprises, including telecommunications, energy, ports, and railways. The government frequently selected a strategic foreign investor when privatizing a parastatal. Additionally, customs duties have been reduced, and customs management has been streamlined and reformed. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in Mozambique.
Necessary documents for trademark registration in Mozambique
Necessary documents for trademark registration in Mozambique include:
- A power of attorney signed before a Notary Public;
- Detailed information about the applicant;
- 10 trademark sample;
- Priority document (if any);
- A Portuguese translation of all the necessary documents;
Note: Foreign applicants do not need a domestic registration.
The procedure of trademark registration in Mozambique
In order to obtain trademark protection in Mozambique, the applicant needs to file the trademark application to the Industrial Property Institute (IPI) in Maputo by a local agent.
After receiving the trademark application, the examiner will conduct a formal examination, an examination of distinctiveness, and a search for prior trademarks to ensure the subject of the application complies with the law and no conflicts with other registered or pending trademark occurs.
After registration, the trademark is published in the bi-monthly “Boletim da Propriedade Industrial”.
During the 30 days period after the publication of the trademark application, any third parties may file for the opposition of the registration of the trademark.
The probabilities of success for an opposition will vary in each case depending on the circumstances. Extension of the opposition period is not possible.
After registration, the trademark has a validity period of 10 years from the date of filing. After 10 years, the trademark owner may file for renewal of the trademark for periods of 10 years.
It is recommended that a declaration of use be presented during the lifespan of a trademark in Mozambique.
Note:
Normally, it takes about 16-22 months from first filing to registration.
Besides the traditional registration method, a trademark in Mozambique may also be protected if it has acquired sufficient public recognition.
Mozambique is a member of ARIPO. Accordingly, trademark protection in this country can also be obtained through the registration via the African Regional Industrial Property Organization (ARIPO) which will grant trademark protection in 10 countries: Botswana, Lesotho, Liberia, Malawi, Mozambique, Namibia, Sao Tome, and Principe, Swaziland, Uganda, Tanzania (mainland) and Zimbabwe.
Mozambique is also a member of the Madrid Agreement and the Madrid Protocol. Accordingly, the applicant can file for trademark protection through the Madrid System to obtain trademark protection in this country.
Use requirement of the trademark
After registration of the trademark, the trademark owner needs to use that trademark in Mozambique for an uninterrupted period of at least 3 years up, or else the mark might be vulnerable to cancellation action.
You can see a list of Mozambique IP firms here.