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introduction
When a company completes trademark registration, many people think everything is fine, but in Mozambique, the matter is not over yet - a special procedure must be completed after trademark registration: Declaration of Use. If the time is missed or the operation is improper, the registered trademark may be directly revoked! This article takes you through the Mozambique trademark oath system to avoid pitfalls!
1、 Why does Mozambique require trademark "oath"?
The Industrial Property Law of Mozambique stipulates that after trademark registration, the rights holder must regularly submit a statement of use to prove the true use of the trademark in the market. The original intention of this system is to clean up "zombie trademarks", prevent malicious hoarding or long-term occupation of public resources, and ensure the fairness of the trademark system.
1. First Oath
The first use declaration must be submitted within 5 years from the date of trademark registration.
2. Subsequent oath
Afterwards, it is required to resubmit every 5 years (i.e. 10th year, 15th year, etc.).
3. Grace period
Late submission can be made up, but an additional late fee will be charged, and the grace period will not exceed 6 months.
⚠️ Important reminder: Mozambique officials will not proactively notify the deadline for the oath taking ceremony. Enterprises need to record and submit their own documents. Failure to submit within the deadline will result in the automatic invalidation of the trademark!
The trademark needs to be signed or stamped by the rights holder, specifying the scope of use of the trademark within Mozambique (which can declare all or part of the goods/services).
2. Use evidence
Sales contracts, invoices, advertising materials, product packaging images, etc. must reflect trademark identification, usage time, and market relevance in Mozambique.
3. Special circumstances
If the trademark is not actually used, a reasonable reason must be provided (such as delayed market entry due to the epidemic).
If only some products/services are not used, you can apply to delete the unused category and keep the used parts.
Misconception 1: "Successful registration=peace of mind"
Truth: Mozambique's trademark maintenance costs are high, and oath taking and renewal are indispensable. There have been companies whose trademarks were directly cancelled due to the failure to submit sworn documents, resulting in the market being seized by competitors.
Misconception 2: 'Evidence can be pieced together arbitrarily'
Truth: Evidence must clearly demonstrate commercial use within Mozambique, and providing only website screenshots or overseas sales records may be rejected.
Misconception 3: "Making up for the overdue payment can be salvaged"
Truth: If the trademark is not submitted within the grace period, it cannot be restored and a new registration application needs to be submitted (which may face the risk of registration fraud).
Incorporate Mozambique oath nodes (5th year, 10th year...) into the enterprise intellectual property management process and set up advance reminders.
2. Prepare evidence in advance for use
Maintain a complete chain of evidence with dates and regions during the use of the trademark.
3. Entrust professional agency
The trademark process in Mozambique is complex, and it is recommended to submit it through a local intellectual property lawyer or agency to avoid legal risks.
