There are multiple types of industrial property
rights that an entity can use to protect the following distinctive
signs in commerce in Mozambique: trademark,
logotype, trade name, establishment name, establishment insignia
and corporate name.
Distinctive signs and the law
Articles 121 to 162 of Chapter IV of the Industrial Property
Code deal with trademark rights. They define
a ‘trademark’ as a sign that distinguishes goods and
services commercialised and/or provided by an entity from those
commercialised and/or provided by other entities.
Articles 187 to 202 of Chapter VI of the Industrial Property
Code cover trade and establishment names and establishment
insignias. A trade name is a name or expression
that identifies a legal or natural person in a commercial
operation. Article 187(1) states that a trade name must consist of
a person’s name or a corporate name. However, this is
contradicted by Article 189, which states that trade names may also
consist of