International Trade Mark Registrations designating Mozambique
18/02/2010

The owner of an International Trade Mark Registration designating Mozambique must bear in mind that the Industrial Property Code of Mozambique requires filing of a Declaration of Intention to Use (DIU) every five years. The five-year periods are calculated as follows:

• For an International Registration designating Mozambique at the time of application for registration, the five years will run from the application date of the International Registration (e.g. Application date of International Registration 01 January 2000 – First DIU due 01 January 2005.

• For an International Registration designating Mozambique after the application for registration of the International Registration has been made, the five years will run from the date of the application for the subsequent designation of Mozambique (e.g. Application date of International Registration 01 January 2000, application date of subsequent designation of Mozambique 02 March 2001, First DIU due 02 March 2006).

• For an International Registration designating Mozambique/subsequently designating Mozambique where the application for registration/subsequent designation of Mozambique was made before the coming into force of the Industrial Property Code in Mozambique, the five years will run from 05 July 1999, namely the effective date of the Code (e.g. Application date of International Registration 01 January 1998, First DIU due 05 July 2004).

Although a DIU has to be filed every five years, the Trade Marks Office has advised that it will not be necessary to file a DIU in the years when the renewal is due as it is included in the acceptance of the renewal application. If, for example, an application for registration of an International Registration designating Mozambique was made on 01 January 2001, the maintenance actions would be as follows:

01 January 2001 - date of application
01 January 2006 - DIU
01 January 2011 - renewal (DIU not necessary)
01 January 2016 - DIU, etc.

Owners of International Registrations designating Mozambique should take careful note of the DIU requirement and are invited to contact us fort assistance with the filing of Declarations of Intention to Use, as the omission to file a DIU will prevent trade mark owners from enforcing their rights against third parties.