Revised Examination Procedure in Mozambique

Pursuant to Article 191 of the Industrial Property Code of Mozambique, the Central Department of Industrial Property of the Ministry of Industry and Commerce published issue no. 11 of the Bulletin of Industrial Property in Mozambique, in November 2003.

The current Industrial Property Code provides that the application for a trade mark be published in the Industrial Property Bulletin for opposition purposes after it has been lodged, with examination to follow. The general practice by the Mozambique Registry has in the past been to only advertise trade mark applications after examination. This procedure was not in line with the legislation. The Bulletin states that as of August 2003, the Mozambique Registry has adopted a revised examination procedure in order to comply with its Industrial Property Code. In terms of the revised procedure, after lodging the application for registration of a trade mark, it will be published in the Industrial Property Bulletin for opposition purposes. The opposition period is two months. After the two-month opposition term has expired, substantive examination by the Registrar will commence. The official action will then be issued and should the application be accepted, the Registrar will issue a letter calling for the registration fees to be paid. This procedure is legally correct as it is in line with the current Industrial Property Code of Mozambique.

Submissions have been made to the Registrar and Minister of Trade, Industry and Tourism for the current legislation to be revised, so as to provide for the Registrar to examine trade marks as to inherent and relative registrability and only once the Registrar´s requirements have been complied with, if any, the trade mark then be advertised for opposition purposes.

Click here for Mozambique Filing Requirements.

Stephen Goldberg

Spoor & Fisher

Date published: 2003/12/11
Author: Stephan Goldberg

Tags: examination procedure mozambique industrial property code