Trademarks in Mozambique

Competent Authority

• Name of Office: Industrial Property Institute (Instituto da Propriedade Industrial - IPI).
• Working Language: Portuguese.
• System Type: National (with regional protection options available via ARIPO's Banjul Protocol or international designations via the Madrid Protocol).

International Treaties

• Paris Convention: Member.
• Madrid System: Member of both the Madrid Agreement and the Madrid Protocol. International registrations via the Madrid System can designate Mozambique.
• ARIPO: Member of the African Regional Intellectual Property Organization (ARIPO) and a contracting state to the Banjul Protocol on Marks.

Who May Apply

• Eligibility: Natural and legal persons.
• Local Representation: Foreign applicants who do not have a domicile or real/effective industrial or commercial establishment in Mozambique must be represented by an authorized local trademark agent or representative.
• Power of Attorney (POA): Required for local representation; a signed Power of Attorney is mandatory, and notarization may be required depending on current registry practice guidelines.

Online Filing and Search

• Electronic Filing: Managed through national administrative channels via IPI or local agent submission interfaces, alongside WIPO-integrated routes (eMadrid) and ARIPO portals.
• Trademark Search: Recommended prior to filing to screen prior conflicting rights using official IPI registry records.

Protectable Trademark Types

• Word marks, figurative marks, combined device marks, and sound marks.
• Applications and associated descriptions must be submitted in Portuguese.

Classification

• System: Nice Classification.
• Multi-class Applications: Traditional national route filings in Mozambique have historically operated on a single-class application framework per filing form (requiring separate applications for each class), whereas multi-class filings are available through the ARIPO Banjul regional route.

Examination

• Scope: IPI conducts formal examinations (document completeness, identity verification) and substantive examinations covering absolute grounds (distinctiveness, public order, and morality) and relative grounds (prior conflicting rights on the national register).

Publication and Opposition

• Opposition System: Once approved during examination, trademark applications are published in the official industrial property bulletin (Boletim da Propriedade Industrial). Interested third parties may file a notice of opposition within the statutory opposition window (typically 60 days from publication).

Timeframes

• Registration Timeline: Approximately 6 to 12 months for a straightforward, unopposed application process from initial submission to certificate issuance.

Official Fees

• Official fee schedules are regulated by national statutory instruments and denominated in Mozambican Metical (MZN). WIPO-regulated fee schedules apply to Madrid Protocol designations.

Duration and Renewal

• Protection Term: 10 years calculated from the filing date (or registration date depending on historical statute rules, with current practice tied to filing metrics).
• Renewal Window: Can be renewed for successive 10-year periods within the final 6 months prior to expiration, backed by a late renewal grace period subject to surcharges.

Use Requirements & Declaration of Intention to Use (DIU)

• Declaration of Intention to Use (DIU): A distinctive requirement in Mozambique is the mandatory filing of a Declaration of Intention to Use (DIU) every 5 years from the registration date (or relevant notification date for regional/international extensions). While failure to file a DIU does not automatically cancel the mark, the registration remains legally unenforceable against third-party infringers until the DIU is submitted.
• Non-Use Cancellation: A registered trademark is also vulnerable to cancellation actions by interested parties if it is not put to genuine commercial use for a continuous statutory period.
• System Type: First-to-file.

Post-Registration Procedures

• Assignments, licensing agreements, changes of name, and changes of address must be formally recorded with IPI to ensure legal effectiveness and enforceability against third parties. Recordal applications require proper execution and supporting documentation.

Legal Remedies & Enforcement

• Enforcement: Handled via civil and criminal court infringement proceedings before Mozambican tribunals, injunctions, damages actions, and border/customs anti-counterfeiting measures administered through IPI and customs authorities.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.