Mozambique

Trade Mark

Forms part of

No
ARIPO
No
OAPI
Yes
MADRID
Yes
SERVICE CLASSES
NA
NICE CLASSIFICATION

11th edition

Yes
WELL-KNOWN TRADE MARKS RECOGNISED?

OAPI

ARIPO

International Arrangements

Mozambique is a party to the Madrid System for international registration of trade marks and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.

Classification

Mozambique follows a single class filing system in terms of the 11th edition of the Nice Classification.

Registration Procedure

The total time from filing to registration is approximately 16 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 30 days from the date of publication.

Common Law and Well-Known Trade Marks

Well-known trade marks in terms of the Paris Convention are recognised in Mozambique.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter. Aside from renewal, it is necessary to file a declaration of use every 5 years.

A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.

Customs Recordal

Customs recordals are possible.

Patent

Forms part of

No
ARIPO
No
OAPI
Yes
PARIS CONVENTION
Yes
PCT

OAPI

ARIPO

International Arrangements

ARIPO
Paris Convention
PCT

Types of patents

ARIPO patents
National patents

Novelty requirements

Absolute

Grace period/Prior knowledge

None.

 

 

Examination procedure

Formal examination.
Search (ARIPO or Industrial Property Institute)
Obligation to submit prior art, corresponding foreign search results and application numbers.
Substantive examination (ARIPO or Industrial Property Institute).
Amendments upon request.
Grant.
Post-grant opposition (sixty days after grant, extendable a further sixty days)

Duration and maintenance

Duration is twenty years from filing date of application.
Annual maintenance.

Working requirement

Within three years of grant, or four years from application (whichever ends later), failing which patentee may be obliged to grant a licence to a third party.

Design

Forms part of

No
ARIPO
No
OAPI
Yes
PARIS CONVENTION

OAPI

ARIPO

International Arrangements

ARIPO
Paris Convention

Novelty requirements

Absolute.

Grace period/Prior knowledge

No.

Examination procedure

Filing (Industrial Property Institute)
Search (IPI)
Formal examination
Registration
Thirty day post-publication opposition period, extendible a further thirty days.

Duration and maintenance

Five years from the filing date, renewable in five year increments, to a maximum of twenty-five years.
Annual maintenance.

Working requirement

Within three years from registration, or four years from the filing date, whichever period ends the latest, failing which the design holder may be obliged to grant a license to a third party.