The current trademark regulations in Mozambique are mainly based on the revised Industrial Property Law that came into effect on March 30, 2016. The Industrial Property Office is responsible for managing trademark affairs, and the official language is Portuguese. Trademark exclusive rights need to be obtained through registration.
The registration of Nanbiao is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Mozambique adopts the principle of "application first".
Mozambique is a party to international intellectual property treaties such as the Paris Convention, the WIPO Convention, and the Banjul Protocol, and is a member of the Madrid Agreement and the Madrid Protocol. Therefore, trademark protection can be handled through "single country registration", "African Industrial Property Organization", or "Madrid International Registration".
At present, Mozambique adopts the Nice Classification 11th edition of product and service descriptions and does not accept applications for multiple categories in one form. The elements that can be registered as trademarks in Mozambique include: text, graphics, colors, letters, etc.
If the applicant does not reside in Mozambique, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. Notarized power of attorney;
5.If priority is declared, priority proof documents and corresponding translations must be provided.
The main process for applying for registration of a trademark in Mozambique is: application, acceptance, examination, announcement, approval, and issuance of a certificate.
The application will be accepted within 1-2 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. The 30 day period from the announcement date is the objection period, and any interested party or prior right holder may raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in Mozambique takes about 2 years; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended.
The Mozambique trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.