In Mozambique, trade mark registration involves more than the standard ten-year renewal. A unique requirement under the country’s Intellectual Property Code (Articles 138, 153, and 162) mandates the filing of a Declaration of Intention to Use (DIU) every five years to ensure the continued validity and enforceability of the mark.
What is a DIU?
A DIU is a formal statement confirming the trade mark owner's intention to use the mark in Mozambique for the goods or services covered by the registration. It is usually submitted through an authorised legal representative to the Mozambique Industrial Property Institute (IPI), along with the required form and official fee.
Key Considerations for Trade Mark Owners:
Scope of Application: DIUs are required only for registered marks and are not applicable to pending applications or device marks.
Intention vs. Actual Use: DIU’s require only a declaration of intent to use the mark. Proof of actual use is not necessary at the time of filing a DIU.
Consequences of Non-Filing: A registration remains valid even if a DIU is not filed; however, it becomes unenforceable until a DIU is submitted. At that point, proof of actual use is technically required, though in practice, this is not enforced and DIU’s are routinely accepted once filed.
Risk of Cancellation: A third party may apply for cancellation if a DIU has not been filed. The trade mark owner cannot oppose such an application unless the DIU was submitted before the cancellation notice was issued.
Fees Per Class: DIU fees are charged per registered class. For multi-class registrations fees must paid for each class.
Timing of DIU: A DIU must be filed every five years. However, if it coincides with the 10-year renewal, only the renewal is required.
Filing Window: DIUs may be filed six months before or after the due date.
DIU Deadlines by Registration Type: DIU deadlines differ depending on whether the mark is nationally registered, designated via ARIPO, or registered through WIPO.
National Registration: Deadline is five years from the filing date at IPI.
Regional Registration (ARIPO): Deadline is five years from the date ARIPO notifies IPI of the application.
International Registration (WIPO):
Deadline is five years from the date WIPO notifies IPI of the designation.
If Mozambique designation occurs less than five years before the renewal due date, the first DIU is due five years after that renewal.
Final Note:
Trade mark owners should take DIU obligations seriously. While the process may seem burdensome, particularly for marks registered in multiple classes, non-compliance risks the potential cancellation and loss of valuable trade mark rights. Proactive DIU management is essential to safeguard trade mark rights in Mozambique.
