All the applicants
of trade marks in Mozambique must be aware aware that the Mozambican's IP Code do
not require the use of a trade mark upon registration. However, it requires
that in the fifth anniversary of the trade mark (counting from the filing date)
a Declarations of
Intention to Use
(DIU) must be submitted. As the name indicates, it is just to declare the
intention to use and not the actuall use of the trade mark.
In case the DIU is not submitted, any
interested third party can file an action for the cancellation of the trade
mark.
The Trade Mark Office of Mozambique will
rule in favor of the interested party and cancel the trade mark. Sometimes the
Office overlooks sending notice of the cancellation to the applicant and he is
surprised to see in the IP bulletin that his trade mark was cancelled. In the
worst scenario, the applicant will be confronted with an action accusing him to
using a third party trade mark, what constitutes a violation of the Code.
Therefore, it is important to always
remember to:
Strictly observe the timely filing of
DIUs in Mozambique.
DIUs are important to maintain the
exclusive rights to a trade mark, regardless of whether it is actively used.
There is a need to pay meticulous
attention to trade mark registration requirements and proactive compliance
measures when expanding into new markets.
Act now. Contact us immediately if
you consider engaging local counsel to handle the maintenance of your trade
mark registrations in Mozambique.
#intellectualproperty #sergiobraz
#mozambique #baipa
#brazeassociados
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