Types of trade marks
The Act provides for the registration of the following marks:
● product and service marks
● certification marks
● collective marks.
The International Classification of Goods and Services (Nice Classification) is applied. A single application may cover only one class.
An application is filed with the Industrial Property Institute (IPI) headed by the Director-General and operated under the supervision of the Ministry of Industry and Commerce.
The following information and documents are required:
An application is initially examined as to formal requirements only. If formal compliance is established, the application is published in the Industrial Property Bulletin issued by the IPI. If no opposition is filed, the mark will undergo a substantive examination. A registration certificate will be issued if there are no grounds to refuse registration, or if any grounds that the Director General has raised have been cleared.
The Code makes provision for opposition within 60 days from publication, which period may be extended only once for a maximum of 60 days upon application.
Duration and renewal
A trade mark registration is effective for an initial period of 10 years from the filing date of the application, and is thereafter renewable for like periods of 10 years. Payment of renewal fees should take place within the six months preceding expiry of the 10 year period, but a grace period of six months from expiry is allowed for effecting renewal, upon payment of a surcharge.
Assignment of any or all of the rights acquired by registration is possible, with or without transfer of the goodwill of the business. All transfers of rights must be noted on the certificate of grant.
Requirements for recordal:
Types of applications
Application for a patent may be made by way of: a non-convention application, where the effective date is the filing date of the application a convention application, where the effective date is the priority date of the first-filed application under the Paris Convention a national phase application based on an international application under the PCT in which Mozambique is designated an ARIPO application designating Mozambique a divisional application, where the original application covers more than one invention a utility model application, which may be converted into a patent application.
Non-convention, convention and PCT national phase applications are filed with the Industrial Property Institute (IPI) headed by the Director General. Applications in terms of the Harare Protocol (ie ARIPO applications) can either be filed via the Mozambique Patent Office, in which case they must be transmitted to the ARIPO office for processing. Alternatively, they can be filed at the ARIPO office in Harare.
The Portuguese translation of the title and abstract are required on the day of filing, but the full Portuguese translation can be filed belatedly.
Applications are subjected to formal examination. The Code also makes provision for the registry to request specialised persons or regional or international institutions to conduct special examination or provide technical assistance. However, in practice, applications are subjected to formal examination only, after which they are published in the Journal for purposes of opposition.
Duration and maintenance
The term of a patent is 20 years. Annual renewal fees are payable and the first and second annuities must be paid on filing. The Code states that annuities can only be paid within six months of the expiry of the last payment.
There has been some uncertainty over the base date for calculation of annuities for PCT cases in Mozambique. Until such time as an official notification is issued by the registry, it is recommended that the base date for PCT national phase applications in Mozambique is considered to be the priority date and not the international filing date. A six month grace period is available for the payment of renewal fees.
Assignments and licences
Assignments and voluntary licences are recognised and must be recorded to be effective against third parties.
Requirements for recordal: