African Regional Intellectual Property Organization (ARIPO)
Algeria
Angola
Benin
Botswana
Burkina Faso
Burundi
Cameroon
Cape Verde
Central African Republic
Chad
Comoros
Djibouti
DRC
Egypt
Equatorial Guinea
Eritrea
eSwatini
Ethiopia
Gabon
Gambia
Ghana
Guinea
Guinea Bissau
Ivory Coast
Kenya
Lesotho
Liberia
Libya
Madagascar
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Mali
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Mozambique
Namibia
Niger
Nigeria
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Saint Helena
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Senegal
Seychelles
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Somalia
Somaliland
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Sudan
Tanzania
Togo
Tunisia
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Western Sahara
Zambia
Zanzibar
Zimbabwe
Trade Mark Services & Trade Mark Lawyers
Patent
Design
Mozambique
Forms part of
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.
Forms part of
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.
Forms part of
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.
11th edition