According to the Ministry Decree No. 39/2017 new official fees are applicable in the Industrial Property Office of Mozambique as from 15 July 2017.

The last amendment of the official fees in Mozambique had been made in 2006. Therefore the new decree updates and increases the fees for the several registration actions regarding trademarks, patents, utility models, designs and the remaining industrial property rights.

Furthermore the new table of fees published by the Ministry Decree No. 39/2017 appears to simplify the calculation of the relevant items e.g. the application fee for trademarks is a single fee instead of a group of fees (request fee, publication fee, examination fee, etc.).

Some new specific fees are adopted for instances regarding the recordal of a change of representative (1500 MZN), requesting urgent certificates (4000 MZN whereas the normal certificate fee will be 1275 MZN), requesting patent substantive examination (10000 MZN) and requesting the conversion of patent into utility model (3000 MZN).

On 15 March 2017 the Industrial Property Office of Mozambique has issued a notice which confirms applicability of the 11th Edition of the Nice Classification in said country. The Nice Classification is an international classification of goods and services applied for the registration of marks which was established by the Nice Agreement (1957).  

The 11th edition of the Nice Classification came into force on January 1, 2017 and is applied in Mozambique as from 1 April 2017.

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On 15 December 2016 the TM Office of Mozambique has issued an official notice providing clarifications on the requirement to file declarations of intention to use a mark (DIU) and the relevant deadlines.

1-      The requirement to file the DIU applies to both national and international registrations designating Mozambique. For such purpose the holder must submit an appropriate form in Portuguese directly to the TM Office of Mozambique and pay the prescribed fees.

2-      Concerning national trademark registrations the initial DIU should be filed 5 years after the application date. The subsequent DIU shall be filed 5 years after the renewal date. No DIU is required on the renewal date.

3-      Concerning international trademark registrations the following rules apply:

(a)    The initial DIU must be presented 5 years from the date the TM Office of Mozambique is notified of the international registration or the subsequent designation.

(b)   Where the TMO of Mozambique is notified of a subsequent designation less than 5 years before the due date for renewal, the DIU must be submitted within 5 years from the date of renewal.

(c)    The subsequent DIU shall be filed 5 years after the renewal date. No DIU is required on the renewal date.

(d)   In the instance of international registrations covering several classes the official fee will apply per class.

4-      The DIU may be filed 6 months before the above-mentioned 5 year anniversaries, but at the latest of 6 months after the said anniversaries.

The notice brings no new developments regarding national registrations however as to the international trademark registrations this new official interpretation of the Office involves some important changes:

-          According to the Office of Mozambique the relevant date for counting the 5 year period is from the date when WIPO notifies the TMO and not from the date of the international registration.

-          In the instance of a DIU for international registrations protected in several classes of goods or services the official fee will be charged per each class. Until now only one fee per registration was applied. This is a change of practice that appears to have the purpose of harmonization with national trademark registrations which allow only a single class. 

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