Trademark registration: Step by Step in Mozambique

Mozambique is located along the East African coast, strategically located on an important sea route connecting the Indian Ocean with major markets such as Europe, Asia and the Middle East. Deep-water seaports, favorable for import and export of goods, attracting investment in logistics and shipping. Mozambique has abundant natural resources including minerals Mozambique has large reserves of precious minerals such as coal, iron ore, aluminum, titanium, natural gas, etc., attracting mining and processing investment. In terms of agriculture, Mozambique has a large area of arable land, a tropical climate favorable for agricultural production, potential for the development of horticulture, livestock and fisheries. Mozambique has large forest reserves, which provide a source of raw materials for the forestry and woodworking industries. To attract foreign investment, the Mozambican government has issued many preferential policies, encouraging foreign investment in key sectors. Simple administrative procedures, transparent investment environment, creating favorable conditions for businesses to operate. Therefore, more and more businesses are expanding their business scope here, to be able to differentiate their brand from other competitors. Enterprises should pay attention to trademark registration procedures. Viet An Law would like to guide customers through the preliminary procedures for trademark registration in Mozambique through the article below.

Legal basis

• Law on Industrial Property (approved by Decree No. 47/2015 dated December 31, 2015)

General overview of trademarks in Mozambique

Definition of “trademark” in Mozambique

“Is a sign that can be represented visually, used to distinguish products and services of a legal entity or individual.”

Collective Mark

Conditions for trademark registration

To successfully register a trademark in Mozambique, your trademark needs to meet certain conditions:

Distinguishability:

• Your trademark must be able to clearly distinguish your product or service from that of other companies.
• It cannot merely be a generic name of a product or service (for example, you cannot trademark “Bread” to sell bread).
• A trademark must not describe the functionality of a product or service.

Legality:

• Trademarks must not violate Mozambican law.
• It must not include national symbols, religious symbols, or elements that may be offensive.
• Trademarks must not create confusion for consumers.

Availability:

• Your trademark must not be identical or overly similar to a trademark previously registered in Mozambique.
• Checking the availability of a trademark is important to avoid infringing on the intellectual property rights of others.

Form of expression:

• The trademark must be visually representable.
• This includes lettering, logos, images, designs, etc.
• Conversely, individual scents or sounds (unregistered odor or sound trademarks) do not qualify.

Trademark dossier in Mozambique

To register a trademark in Mozambique, the applicant needs to prepare a dossier and submit it to the Institute of Industrial Property (IPI) of the Ministry of Industry and Trade. Here are details of the main documents:

Application form: Download the official trademark application form from IPI’s website. Complete and accurate information on the application form, including:

• Applicant information (name/company name, address, nationality)
• Authorization information (if the applicant applies through a representative organization)
• Trademark details (brand type, description, class of goods/services)
• Right-of-way request information (if applicable, request priority from documents filed in another country)

Trademark representation:

• Depending on the type of trademark the applicant is applying for, the applicant should provide clear representation:
  • Trademark lettering: Submit the actual document the applicant wants to register. If using characters other than Cyrillic/Latin or a foreign language, include a Mozambican translation.
  • Image branding: Provide an image file (e.g. JPG, PNG) that describes the logo, design, or icon.
  • Combined branding: A clear visual representation showing a combination of text and visual elements.
  • Three-dimensional/motion logo branding: Prepare a detailed written description of three-dimensional or moving elements, along with a video recording introducing the brand.
  • Color/Color Combination: Submit a clear visual representation of the specific color or color combination the applicant wants to register.
• Power of Attorney (Optional):
  • Although not required, the applicant should include a Power of Attorney (POA) authorizing a Mozambican attorney or intellectual property representative to handle the application process on the applicant’s behalf.
  • Applicants can obtain POA forms from IPOM signed and notarized.
• Fees: The applicant needs to pay official government fees to file a trademark application. Currently, the trademark application fee in Mozambique is 4556 MZN (Metical Mozambique). Other procedures such as publication and certification will also incur additional costs.

Trademark registration in Mozambique through the Madrid System

The Madrid system is a convenient and cost-effective Mozambican league for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.

Madrid Agreement:

• Mozambique acceded to the Madrid Accords on 7 October 1998.
• The Madrid Agreement allows trademark owners to register their trademarks in a single member state (“country of origin”) and then extend protection to other member states (“nominating countries”) through a single international application.

Madrid Protocol:

• Mozambique accessed the Madrid Protocol on 7 October 1998.
• The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.
• The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.

Trademark registration dossier under the Madrid System

The Madrid Singles consist of the Madrid Singles of Vietnamese origin and the Madrid Singles with the Mozambican designation.

For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:

• Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
• 02 MM2 declaration forms according to the form of the International Office in English or Mozambique;
• 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
• 02 MM18 declarations in English (if the application has a US designation);
• Written authorization in Vietnamese (According to the form of Viet An Law Firm);
• Documents of payment of fees for international registration of trademarks of Vietnamese origin;
• Other relevant documents (if necessary).

Application fees through the Madrid System

The fees include:

• Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and
• Additional fees depend on where the claimant wishes to protect his trademark and the number of classes of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

If you want to apply for trademark registration, please contact Viet An Law Firm hotline (+84) 9 61 67 55 66 (WhatsApp, Viber, Zalo, Wechat) for the most effective support.

Update: 9/2024