Surcharges for the late renewal of Trademarks

In terms of article 199 (6) of the Industrial Property Code of Mozambique, fees for the renewal of registered  trade marks, trade names, insignia of establishments and logos shall be paid during the final six months of the validity of the registration.  The fee for renewal  may also be paid within a maximum period of six months after the end of the validity of the registration, subject to a fifty per cent surcharge.

The IPI offices have been very lenient in this regard and have only recently started implementing the fifty percent surcharge.  During a meeting held at the IPI offices it was announced that the surcharge penalty will become operational with immediate effect.   Notices have  been send  to IP agents  requesting payment of the surcharge for recently filed renewal applications.  The notice sets out that said surcharge payments are to be made within 15 days from the date of the notice, failing which, the registration will be considered to be withdrawn.

lt will however be possible to request the revalidation of certificates of grant and certificates of registration that have lapsed due to the failure to pay fees on time. In terms of article 200 of the Industrial Property code a time frame of up to one year after the date of publication of the notice of lapse in the industrial property bulletin is given for revalidation, subject to the payment of three times the amount of the fees outstanding.