MOZAMBIQUE

Lysaght offers a complete IP service in this jurisdiction, assisting clients in the registration, renewal, recordal and enforcement of their IP rights.

trade mark information

Types of Trade Mark

Classification

International, Nice Classification;
Single class;
Goods and services can be registered.

International Arrangements

Convention priority may be claimed.

Renewal

10 years from the filing date and every 10 years thereafter.

Use Provisions

Non-use of this mark for a period of 5 years from registration renders it open to an action for cancellation by third parties.

Under the current Mozambique Trade Marks Act, Declarations of Intent to Use must normally be filed every fifth year calculated from the filing date of the application in Mozambique.   With effect from 18 November 2008, the Trademarks Office has stated that acceptance of a renewal application means that the trade mark owner does not have to file a Declaration of Intent to Use as well. This new rule means that when a renewal year coincides with a year for filing a Declaration of Intent to Use, only the filing of a renewal application is required. It is not necessary to file a Declaration of Intent to Use application simultaneously.  A Declaration of Intent to Use will still need to be filed in years that do not coincide with a renewal year.

Patent information

Substantive, with or without priority claims;
Designation in ARIPO patent;
PCT national phase or via ARIPO regional phase application.

Types of Patent

20 years from the effective filing date.

International Arrangements

Duration

Convention priority may be claimed.

Renewal

Annuities fall due on each anniversary of the filing date, with a six month grace period available upon payment of a late fine.  Failure to pay annuities when due, or within the six month period of grace, will result in the lapse of the patent. 

design information

Types of Design

International Arrangements

Convention priority may be claimed;

See also ARIPO designs.

Duration

Designs are registered for an initial term of 5 years from the filing date, which term is extensible for four additional periods of 5 years each.

Renewal

Renewal fees are payable on each 5-yearly anniversary of the filing date.

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