Mozambique: penalties for late filing of DIU’s
A peculiarity of the trade mark system in Mozambique is that the owner of a registration needs to file a Declaration of Intent to Use (DIU) every five years. It is important to note that no actual use needs to be established, and that all that the owner needs to do is declare its intention to use the trade mark. The consequences of failing to file a DIU are as follows: the registration remains valid, but it is unenforceable and it remains unenforceable until such time as a DIU is eventually filed, and this time actual use must be proved. Crucially, a registration for which no DIU has been filed will be cancelled by the registry if a third party applies for cancellation.
We have received notification that the registry in Mozambique, the IPI, is now charging penalty fees for the late filing of DIUs - the penalties are seemingly the normal DIU fee plus 50% in cases where the DIU is filed within six months of the due date, and a triple rate in cases where the DIU is more than six months late. Many practitioners have questioned this surcharge and further developments are awaited with interest. We will report further when more information is made available.