MOZAMBIQUE: Vienna Agreement Officially Enters into Force

Mozambique has opted to adhere to the Vienna Agreement for the International Classification of Figurative Elements of Trademarks. The Government of Mozambique formally deposited its instrument of accession to the Vienna Agreement on July 13, 2023.

The Vienna Agreement, originally concluded in Vienna on June 12, 1973, and modified on October 1, 1985, is an internationally recognized framework for classifying figurative elements of trademarks.

The Vienna Agreement officially entered into force in Mozambique on October 13, 2023.

Mozambique anticipates several significant benefits from joining the Vienna Agreement, among these it is expected to substantially ease the registration process of figurative marks in the country.

Research on the availability of figurative marks will be made more accessible, efficient, and reliable. This addresses a previous challenge where there was uncertainty regarding the possibility for the Industrial Property Institute (IPI) to conduct these searches with reliable results.

Applicants will now have confidence in the reliability of search results, enabling them to make informed decisions when filing trademark registration applications and reducing the risk of having their applications rejected.

The Trademark Office expects improved scrutiny during the substantive examination phase, as the Vienna Classification will enable more detailed analysis of figurative marks. This in turn will lead to decisions made with a higher level of reliability.

It is expected that the increased precision and reliability in the examination process will lead to fewer disputes between trademark proprietors, streamlining procedures and expediting trademark registrations.

According to the Director General of the IPI, the transition to the Vienna Classification system will require training for technicians within the IPI as well as industrial property agents in Mozambique. This training will help ensure a smooth transition and effective use of the new system.

The IPI plans to formally notify stakeholders, including intellectual property (IP) agents, about the changes resulting from the Vienna Agreement accession. It may do this through publication in the monthly IPI Bulletin or direct official notifications.

While the accession to the Vienna Agreement is a positive development, some practical details and implications are not yet final and public.

In summary, Mozambique’s decision to join the Vienna Agreement represents a positive step toward improving the trademark registration process and strengthening IP protection within the country.

The adoption of international standards for the classification of figurative elements in trademarks is likely to benefit both applicants and trademark examiners by increasing efficiency and reliability in the process. Additionally, reducing disputes between trademark proprietors will lead to a more expedited trademark registration process and a more constructive business environment.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest. Law & Practice updates are published without comment from INTA except where it has taken an official position.

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