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ARTICLE · 14 APRIL 2020

The Law On Distinctive Signs In Mozambique Explained

There are multiple types of industrial property rights that an entity can use to protect the following distinctive signs in commerce in Mozambique: trademark, ...

MozambiqueIntellectual Property

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

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