Trademark registration in Mozambique is a vital legal step for businesses looking to protect their brand identity in one of Southern Africa’s fastest-developing markets. As Mozambique continues to attract foreign direct investment in sectors such as energy, agriculture, logistics, and retail, brand protection has become more important than ever.
Understanding Trademarks Under Mozambican Law
Trademarks in Mozambique are governed by the Industrial Property Code (Decree No. 47/2015), which came into force in 2016. Mozambique follows a “first-to-file” system, meaning exclusive rights are only secured upon registration with the Industrial Property Institute (IPI).
Role of the Instituto da Propriedade Industrial (IPI)
The IPI is responsible for:
• Examining trademark applications to ensure compliance with legal requirements
• Publishing accepted applications for opposition
• Issuing registration certificates
• Managing the maintenance and renewal of registered trademarks
Who can register a trademark in Mozambique
In Mozambique, any individual or company that owns a mark used in business activities can apply to register it as a trademark. The requirements and procedures depend on whether the applicant lives or operates in Mozambique.
a. Who Can Apply?
National Applicants: Mozambican citizens or companies with their main place of business in Mozambique can submit their application directly to the Industrial Property Institute (IPI).
Foreign Applicants: Individuals or companies that do not live or operate in Mozambique may still register a trademark. However, they must appoint a local authorized representative to file the application on their behalf.
b. Representatives and Legal Requirements
If the applicant is not filing personally as a local resident, the application must be submitted
through:
• An officially recognized Patent and Trademark Agent approved by the IPI, or
• A lawyer or legal representative with a notarized Power of Attorney, translated into
Portuguese.
c. Ways to Register a Trademark in Mozambique
There are three main options for obtaining trademark protection:
National Route: File the application directly with the IPI in Maputo.
Regional Route (ARIPO): Mozambique is a member of the Banjul Protocol. Applicants can file a single application through the African Regional Intellectual Property Organization (ARIPO) and designate Mozambique.
International Route (Madrid System): Since Mozambique is part of the Madrid Protocol, applicants can extend their existing international trademark registration to Mozambique through the Madrid System.
What Qualifies as a Trademark in Mozambique
A trademark may consist of:
• Words or names
• Logos and symbols
• Letters or numerals
• Colors or combinations of colors
• Shapes of goods or packaging
As long as the mark is distinctive and capable of being represented graphically, it may qualify for trademark registration in Mozambique.
Signs That Cannot Be Registered as a Trademark in Mozambique
Not all signs are eligible. The following are typically refused:
• Generic or descriptive terms
• Marks contrary to public order or morality
• National flags or official emblems without authorization
• Marks identical or confusingly similar to existing registered trademarks
The Process of Trademark Registration in Mozambique
Follow these steps to help you register a trademark in Mozambique:
1. Conduct a Trademark Search
Before applying, it is strongly recommended to search the IPI database. This helps you check whether a similar or identical trademark already exists. Doing this can save time, money, and possible rejection.
2. Appoint a Local Agent (For Foreign Applicants)
If you are a foreign applicant without a registered business in Mozambique, you must appoint a licensed local industrial property agent to represent you.
3. File the Trademark Application
Submit your application to the IPI.
• Mozambique uses a single-class system.
If you want protection in more than one class under the Nice Classification, you must file a separate application for each class.
Required Documents:
• Applicant’s full details
• A clear copy of the trademark
• A notarized Power of Attorney (translated into Portuguese)
4. Formal Examination
The IPI checks whether all documents meet legal requirements. If everything is correct, the application moves to the publication stage.
5. Publication
The trademark application is published in the Boletim da Propriedade Industrial, Mozambique’s official Industrial Property Bulletin, which is issued twice a month.
6. Opposition Period
After publication, third parties have 30 days to oppose the trademark if they believe it conflicts with their rights. This period can be extended once, for up to 60 additional days.
7. Substantive Examination
If no opposition is filed — or if it is resolved in your favor — the IPI conducts a detailed review. They check whether the trademark is distinctive and does not conflict with existing registered marks.
8. Registration and Certificate Issuance
If the application is approved, the trademark is officially registered, and a Certificate of Registration is issued to the applicant.
With Afrisetup, registering a trademark in Mozambique is now a simple and convenient process that you can complete from the comfort of your home. Let us assist you.
Trademark Registration in Mozambique through the Madrid System
The Madrid System is an international system that allows trademark owners to register and manage their trademarks in multiple countries through one application. Instead of filing separate applications in each country, you can submit a single international application and pay one set of fees to seek protection in up to 130 member countries, including Mozambique.
With the Madrid System, you can also renew, modify, or expand your trademark protection to additional member countries through a centralized process.
Madrid Agreement
Mozambique joined the Madrid Agreement Concerning the International Registration of Marks on 7 October 1998.
The Madrid Agreement allows a trademark owner to:
• Register a trademark in their home country (known as the “country of origin”).
• Extend protection to other member countries by filing one international application.
Madrid Protocol
Mozambique also joined the Madrid Protocol on 7 October 1998. The Madrid Protocol was introduced to modernize and simplify the system created by the Madrid Agreement. It allows trademark owners to:
• File an international application based on a national application or registration.
• Add (designate) additional member countries later, even after the international registration has been granted.
Types of Madrid Applications
There are generally two types of Madrid applications:
1. Applications originating from a specific country (for example, Vietnam).
2. International applications that designate Mozambique for trademark protection.
Required Documents for a Madrid Application
To file a Madrid System application, you must submit specific international forms and supporting documentation to your “Office of Origin” (your home IP office) for certification.
According to Article 25 of Decree 65/2023/ND-CP, the application dossier includes:
1. A declaration requesting international trademark registration (Form No. 01, in Vietnamese).
2. Two MM2 forms (in English).
3. Two trademark samples identical to the mark filed or registered in Vietnam.
4. Two MM18 forms in English (required if the United States is designated).
5. A power of attorney (if filed through a representative).
6. Proof of payment of international registration fees.
7. Other supporting documents, if required.
Timelines for Trademark Registration in Mozambique
Registering a trademark in Mozambique through the Industrial Property Institute (IPI) typically takes between 6 and 22 months, depending on whether any oppositions are filed. For more information, contact us directly.
Cost of Registering a Trademark in Mozambique
Costs vary depending on:
• Number of classes
• Use of an agent
• Foreign vs local applicant
Typical costs include:
• Official filing fees
• Publication fees
• Registration fees
• Agent or consultancy fees
Costs vary by number of classes and trademark complexity.
Conclusion
Trademark registration in Mozambique isn’t just a legal formality—it’s a smart business move. Whether you’re a startup, SME, or multinational, protecting your brand clearly saves you from expensive disputes later.
With the right guidance and strategy, the process becomes smooth, predictable, and rewarding. Secure your brand. Contact us to get started!