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Amendments to Trademark Laws

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Okt 28, 2014 (Newsletter Issue 16/14)
Mozambique
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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