InternationalUSRemember you can easily switch between MIP US and MIP International at any time

Africa: Declarations of intent to use in Mozambique




A serious issue has arisen around the system of the declaration of intent to use (DIU) in Mozambique.

In Mozambique, the proprietor of a trade mark registration needs to file a DIU every five years. It is important to understand that no actual use needs to be established, and that all the proprietor needs to do is declare its intention to use the trade mark. If the proprietor fails to file a DIU the registration remains valid, but it becomes unenforceable and remains unenforceable until such time as a DIU is eventually filed (if the DIU is filed out of time, actual use must be proved).

Worryingly, a practice seems to have arisen whereby local companies are applying for the cancellation of registrations for which no DIU has been filed, seemingly with a view to acquiring the trade marks. In many cases the proprietors of these trade marks do not even know that this is happening because they are not notified by the registry.

To add to the confusion, there is uncertainty as to the dates. The legislation states that, in the case of a national registration, the five-year period is calculated from the filing date, whereas in the case of an international registration (IR) it is calculated from the international registration date. However, the registry has issued a notice purporting to change the start date for IRs to the date of notification of the IR in Mozambique, something that it probably does not have the power to do.

Trade mark proprietors should therefore not avoid filing DIUs – companies that have not used their trade marks are sometimes wary of filing DIUs, but it is important to remember that the obligation is simply to file a statement of intent, not to establish actual use. Failure to file a DIU does render the registration unenforceable, and it may result in its cancellation.

Matthew Costard

Spoor & Fisher Jersey
Africa House, Castle Street
St Helier, Jersey JE4 9TW
Channel Islands
Tel: +44 1534 838000
Fax: +44 1534 838001
info@spoor.co.uk
www.spoor.com


Comments






profile

Managing IP

ManagingIP

ManagingIP profile

"In the end, the hearing, which was scheduled to be heard over four days, lasted little more than one and a half, a… https://t.co/NxxLefnsFv

Jan 18 2018 03:44 ·  reply ·  retweet ·  favourite
ManagingIP profile

RT @mdloney: UPC update: German Bar Association says constitutional complaint inadmissible https://t.co/TLY4ihKGH6 https://t.co/DMhYPqSOlA

Jan 18 2018 02:24 ·  reply ·  retweet ·  favourite
ManagingIP profile

Our weekly IP news round-up includes Starbucks winning an EU General Court case, an Apple motion to sanction at the… https://t.co/xkwEDzG0UL

Jan 18 2018 01:59 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


null null null

null null null

End of Year 2017

Tribal sovereign immunity: Taking a wrecking ball to the IPR system

The lawyer behind Allergan’s controversial transfer of patents to a Native American tribe says others are “lining up to do deals”. But, Michael Loney asks, will the PTAB rule that sovereign immunity applies in these types of deals?



Most read articles

Supplements