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Mozambique (MZ)

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11-22-2016 (Newsletter Issue 21/16)
DIU to Local Office Required for IR Designating MZ
The Office of Mozambique has informed WIPO that the holder of a mark must submit a further declaration of intention to use the mark directly to the Office of Mozambique by using the prescribed form in Portuguese and paying the required fee. Such declaration must be:

- submitted by the holder’s authorized representative, who must be domiciled in Mozambique;
- presented within five years from the date the Office of Mozambique is notified of the international registration or the subsequent designation.

For further information, please see here

Source: www.wipo.int


11-09-2016 (Newsletter Issue 20/16)
Refiling of Refused Trademarks Allowed
On September 2, 2016, the Industrial Property Institute (IPI) of Mozambique issued an official letter allowing applicants to refile trademark applications which were previously refused by the IPI. Until then it had been the practice of the Office to prohibit the refiling of such trade marks. This posed a serious obstacle to trade mark applicants who wished to refile their applications in Mozambique for strategic reasons.

The new Mozambique Industrial Property Code, published under Decree no. 47/2015, which came into force on March 31, 2016, contains no provisions prohibiting an applicant from filing an application for the registration of a trade mark that has been previously (and finally) refused by the IPI.

It is important to note that refiled applications will be subject to the same requirements and examination process as the former application.

Source: ENSafrica, South Africa


03-02-2016 (Newsletter Issue 4/16)
New Industrial Property Code Approved
The new Mozambique Industrial Property Code (New IP Code) was approved by the Council of Ministers of Mozambique by Decree no 47 of 2015, on December 31, 2015. The New IP Code will come into force on March 31, 2016 and will replace the 2006 Industrial Property Code (the "2006 IP Code").

Differences between the 2006 IP Code and the New IP Code relate mainly to revised time periods, re-wording and clarification of certain sections, administrative and format revisions. A limited number of substantive legal changes have been made. The New IP Code was not published for comment and concerns pertaining to issues such as delays in handing down decisions by the Administrative Courts have not been addressed. Short, unextendable deadlines for responding to official actions and provisional refusals have been retained.

With regards to trademarks, the following amendments can be reported:
- The New IP Code extends comparison of marks upon examination to “related” or similar goods and services.
- Opposition period will be thirty days of the advertisement with a further extension for another sixty days
- It is no longer essential to show that the declaration of intent to use a mark should relate to all goods or services included in the registration.

Further, the industrial property bulletin will soon be published monthly instead every two months.

A summary of the most important changes concerning can be seen here

Source: Spoor & Fisher, South Africa


11-11-2015 (Newsletter Issue 17/15)
Declaration of Intention to Use when Designating Mozambique
Mozambique has notified WIPO that it requires a declaration of intention to use the mark when designating Mozambique under the Madrid Protocol concerning the international registration.

Amendments to the footnote of the official forms will be modified to indicate that the applicant or holder declares that he has the intention that the mark will be used by him or with his consent in Mozambique in connection with the goods and services identified in the international application or subsequent designation concerned.

The notification made by Mozambique entered into force three months after its receipt by the Director General of WIPO, namely on November 5, 2015.

Source: www.wipo.int


10-28-2014 (Newsletter Issue 16/14)
Clarification on Declaration of Intention to Use
The Trademarks Registry has issued a notification in the Industrial Property Gazette on 15 August 2014 to clarify the issues raised within the scope of the declaration of intention to use (DIU) regarding to trademarks and in order to standardize the terms for the filing thereof the following is made aware:

1) The provision of no.1 of article 127 of the Mozambique Industrial Property Code (CPIM) Enacted by the Decree no.4 / 2006 of April 12, shall be constructed in the sense that for national trademarks, the calculation of the 5 years period for the filing of the first DIU commences from the registration date thereof. For the purposes of this notice, the registration date is regarded as the filing date of the trademark at IPI.

2) Regarding to an international trademark which at the registration date at the international bureau of WIPO, Mozambique was designated as one of the countries where protection must be extended to and that registration was granted in Mozambique, the no. 2 and 3 of the article 137 read in conjunction with no. 1 and 2 of article 127 of aforementioned law, shall be constructed in the sense that the first DIU shall be filed 5 years after the registration thereof at the international bureau of WIPO.

3) According to the provision of no. 3 of article 137. For an international trademark which the extension thereof to Mozambique is subsequent to its international registration and that registration was granted in Mozambique, the first DIU shall be filed after the completion of 5 years of the subsequent extension in Mozambique ("date de designation posterieure"/"date of subsequent designation") as set out by the international bureau of WIPO.

4) For the purposes of numbers 2 and 3 of this notice, and in order to standardize the different dates of the international trademarks, the IPI communicates that it will take as a base date for the calculation of the term for the filing DIUs of international trademarks, the date of notification of the application for registration in Mozambique ("date de notification/date of notification").

5) For the international trademarks, the calculation of the term for the filing of the second and subsequent DIUs commence from the renewal date which follows the extension.

6) In situations that the filing of the DIU is prior the renewal, it is mandatory to file it, but if the filing of the DIU is subsequent the renewal, the DIU shall be filed five years after the renewal date.

7) When the DIU overlaps with the renewal, there is no need to file the DIU.

The aforementioned provisions are to be in force immediately.

Source: JAH & Co. IP, Qatar


07-16-2013 (Newsletter Issue 11/13)
Change of Practice
The Trademarks Registry has issued a notification that Art. 10 of the IP Code for verification of applications will be taken seriously. Applications, renewals and so forth shall be submitted simultaneously with the Power of Attorney from now onwards in order to avoid constraints.

Article 10 of the IP Code, which is in force in Mozambique states:

1. When an application is filed, the officers in charge of receiving the documents shall verify that the applications are correctly addressed, that they are duly signed, that the correct amount of fees is being paid and that all documents referred to in the application are attached thereto.
2. Notification shall be given of any omissions found subsequently.
3. The applicant shall have 15 days from the date of the notification within which to supply the missing or incorrect information.
4. If the provision of the preceding paragraph is not observed, the applicant will be considered to have surrendered the application.

Source: JAH & Co. IP, Qatar


07-17-2012 (Newsletter Issue 11/12)
10th Edition of Nice Classification
The Industrial Property Institute of Mozambique announced that Mozambique has adopted the 10th edition of the Nice Classification.

Source: Braz & Associates, Mozambique


05-02-2011 (Newsletter Issue 7/11)
Surcharges for Late Renewal of TMs
The fee for late renewal may be paid within a maximum period of six months after the end of the validity of the registration, subject to a fifty percent surcharge.
The Industrial Property Institute (IPI) in Mozambique has announced that the surcharge penalty for late renewals will become operational with immediate effect. The surcharge payments are to be made within 15 days. Otherwise the registration will be considered to be withdrawn. Notices have been sent to IP agents requesting payment of the surcharge for recently filed renewal applications.
However, a request of revalidation of certificates of registration that have lapsed due to the failure to pay fees on time will be possible.

Source: Braz & Associates, Mozambique


Legal basis is the Industrial Property Code enacted by Decree No. 47/2015 of December 31, into force on March 30, 2016.
Mozambique is a member of:
Paris Convention (International Union) 1883-1967 (member with effect from July 9, 1998); Madrid Agreement Concerning the International Registration of Marks (Madrid Union) 1891-1967, with invocation of Art. 3 bis (member with effect from October 7, 1998); Convention Establishing the World Intellectual Property Organization (WIPO Convention) 1967 (member with effect from December 23, 1996); Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol) 1989 (member with effect from October 7, 1998) and ARIPO. Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Nice classification, 11th edition
Registrable as a trademark are all visible, audible or olfative distinctive signs, capable of graphic representation and which can distinguish goods or services of one undertaking from those of other undertakings, namely words, names, acronyms, letters, numbers, devices, the three-dimensional form of a good or its packaging, sound marks and any combination of the mentioned signs. Combinations of colours may be registered, while single colours may be registered only if they are combined with graphics, wording or other elements in a peculiar and distinctive manner.
The following marks are registrable: trade marks, service marks, collective marks and certification marks.
The application is filed at the Industrial Property Institute (IPI) in Maputo.
A separate application has to be filed for each class.
Foreign applicants need a local agent.
A power of attorney, duly signed by the legal representatives of the applicant, translated to Portuguese and certified by a Notary Public is necessary.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The processing time from first filing to registration or first office action is approx. 6 months.
The decision of the trademark registration is published in the monthly “Boletim da Propriedade Industrial”.
National:
The opposition period is 30 days from publication date of the trademark application.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
Every 5 years from the date of the registration or renewal a declaration of intention to use has to be filed. Marks for which no declaration is submitted shall not be enforceable against third parties, and the director general of the IPI may declare the lapse of the registration at the request of any interested party or when third party rights are found to be prejudiced during proceedings for other registrations. If cancellation of the registration has not been requested or declared, the same shall be deemed again in full force provided that the owner thereof files the declaration of intent to use and produces evidence of use of the mark.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is MZN 2.025 per class. The fee for the issuance of the certificate of registration is MZN 850.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
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Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
04-06-2017
Raul César Ferreira (Herd.), S.A., Lisbon, Portugal  

02-22-2016
Raul César Ferreira (Herd.), S.A., Lisbon, Portugal  

12-16-2014
Raul César Ferreira (Herd.), S.A., Lisbon, Portugal  

10-30-2013
Clarke, Modet & Cº Portugal, Lisbon, Portugal

10-11-2013
Adams & Adams, Pretoria, South Africa

11-22-2010
Raul César Ferreira (Herd.), S.A., Lisbon, Portugal  



Raul César Ferreira (Herd.), S.A.





Rua do Patrocínio, 94
1399-019 Lisbon
Portugal (PT)
Tel + 351 213 907 373
Fax + 351 213 978 754
mail@rcf.pt
www.rcf.pt

Raul César Ferreira (Herd.), S.A. is a leading IP firm in Portugal, established in 1929, also working in Macao, Angola, Mozambique, Sao Tome and Principe, Cape Verde and Timor.

The Patent Department have expertise in several technical areas (chemistry, biochemistry, molecular biology, mechanical engineering, etc) and knowledge of drafting, prosecution, enforcement and litigation.

The Trademark Department have also expertise in searches and search opinions, prosecution, enforcement and oppositions in National, Community and International trademarks, and litigation.

RCF also has a vast expertise in matters such as utility models, designs, copyrights, anti counterfeiting and also in IP due diligence, namely validity analysis, infringement analysis, technical expertise in litigation, infringement probative searches, state of the art and advanced technical searches, skilled surveillance, maintenance and technical translations..

Our team collaborators, both external and in-house collaborators, are specialized in all sorts of IP rights. Having made a great investment in highly skilled persons, our collaborators are mainly patents and trademark attorneys but also collaborators specifically qualified in the field of mechanics, chemistry, computer science, biology, molecular biology, pharmacy, biochemistry and others with experience in infringement analysis and validity assessment of IP rights, conducting state of the art searches, promoting an active expert cooperation in IP lawsuits.

Instituto de Propriedade Industrial (IPI)
Rua Consiglieri Pedroso, 165
Maputo
Mozambique
Tel +258 21 35 49 00
Fax +258 21 35 49 44
Mail ipi@ipi.gov.mz
www.ipi.gov.mz

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int

African Regional Industrial Property Organization (ARIPO)
11 Natal Road
Belgravia
Harare
Zimbawe

P.O. Box 4228

Tel +263 47 94 0 65 68
Fax +263 47 94 07 2 or 3
Mail mail@aripo.org
www.aripo.org