LEGAL UPDATE: TRADEMARK REGISTRATION SUBSTITUTION IN MOZAMBIQUE

In response to the frequent questions raised by our international clients in recent months, our firm has sought official clarification from the Institute of Industrial Property of Mozambique (IPI). Based on the comprehensive guidance received, this notice details the official legal framework, requirements, and procedures regarding the substitution of a national trademark registration with an international registration under Article 4bis of the Madrid Protocol.

I. Legal Framework & Requirements

Pursuant to Article 4bis of the Madrid Protocol, a national registration may be substituted by an international registration provided that all the following conditions are cumulatively met:

Priority of National Registration: The international registration or the subsequent designation of Mozambique must postdate the national registration being substituted.

Identical Trademark: The trademark in the international registration must be identical to the one in the substituted national registration.

Identical Ownership: Both registrations must be held by the exact same natural or legal person.

Scope of Goods and Services: The list of goods and services covered by the national registration must be entirely encompassed within the international registration.

II. Formalities and Filing Procedures

In accordance with Rule 21 of the Regulations under the Madrid Protocol, the request for the IPI to take note of the substitution must be submitted directly to the Institute by the right holder. The application consists of a straightforward written petition addressed to the IPI, which must contain at least the following elements:

· Full identification of the holder (name, address, and legal representative, if applicable).

· The number and date of the national registration to be substituted.

· The number of the international registration and the date of the designation of Mozambique.

· A detailed list of the goods and services covered by the substitution, in the event of a partial substitution.

It is important to note that the petition may be filed immediately after the IPI is notified of the designation of Mozambique by the international registration. The IPI will verify compliance based on its internal records. No additional supporting documentation is required, as the Institute already possesses the relevant registration data.

III. Applicable Fees

The IPI applies the official fees corresponding to recordals and miscellaneous petitions currently in force. The interested parties are advised that exact amounts must be verified directly against the updated official fee schedule at the time of filing.

IV. Legal Effects of the Substitution

The specific legal implications of this procedure are the following:

· Protection Safeguards: The IPI cannot refuse protection to an international registration based on a prior national registration that has been substituted by that same international registration.

· Coexistence of Rights: The IPI will not cancel the substituted national registration; the holder is legally entitled to maintain both registrations in force simultaneously.

· Partial Substitution: The substitution may be partial, affecting only a subset of the goods and services listed in both registrations.

· Effective Date: The substitution takes effect from the date of the international registration or the date of the subsequent designation of Mozambique.

V. Notification to WIPO

Upon reviewing the application and confirming compliance, the IPI will record the substitution in its national registry. The Institute will then officially notify the World Intellectual Property Organization (WIPO) using Model Form 17. In cases of partial substitution, the specific goods and services concerned will be explicitly detailed in the notification.

We at Braz & Associados, Mozambique remain at your disposal should you require any further clarification or assistance regarding trademark portfolios in Mozambique.

 

WHY INTELLECTUAL PROPERTY MATTERS FOR WOMEN ENTREPRENEURS

In today’s competitive business landscape, intellectual property (IP) is more than just a legal safeguard—it’s a strategic asset. For women-led businesses, protecting IP can be the difference between surviving and thriving.

The Power of IP Protection

·     Safeguards identity: Business names, logos, and product designs are the face of your brand. IP protection ensures they remain uniquely yours.

Prevents misuse: By reducing the risk of copying or unauthorized use, IP helps you maintain control over your creations.

Builds credibility: Customers, partners, and investors trust businesses that take IP seriously. It signals professionalism and reliability.

Drives growth: Strong IP foundations support expansion, trade opportunities, and long-term resilience across markets.

Common Misconceptions

Despite its importance, many women entrepreneurs hesitate to protect their IP because of persistent myths:

“My business is too small to need IP protection.”

“IP is only for large companies or high-tech sectors.”

“Once I create something, it’s automatically protected.”

These misconceptions can leave businesses vulnerable and limit their potential.

The Reality

Early and informed IP protection empowers women-led businesses to compete on equal footing. Whether operating locally or scaling across borders, IP provides the legal and strategic tools to secure innovation, attract investment, and build lasting impact.

 Takeaway: IP isn’t just for big corporations—it’s for every entrepreneur with a vision. For women in business, embracing IP protection is a step toward resilience, recognition, and growth.