Essential Information Regarding Filing a Trademark Application in Mauritius
Madrid Protocol member: Yes, Mauritius is a signatory to the Madrid Agreement.
Paris Convention signatory: Yes, Mauritius is a signatory to the Paris Convention.
ARIPO member: No, it is not possible to designate Mauritius in an ARIPO intellectual property application.
OAPI member: No, it is not possible to designate Mauritius in an OAPI intellectual property application.
Renewal term: The renewal period for registered trademarks in Mauritius is 10 years.
Non-use period: The non-use period for registered trademarks in Mauritius is 3 years.
Opposition period: The opposition period for pending trademark applications in Mauritius is 2 months.
First-to-file jurisdiction: Yes, Mauritius is a first to file jurisdiction.
Priority claim: Yes, it is possible to claim priority for a trademark application in Mauritius, provided that prior filing occurred in a jurisdiction that is also a signatory to the Paris Convention.
Application-to-Registration term: The period from trademark application to registration in Mauritius is approximately 8-12 months, provided there are no issues with the application.
Power of Attorney: The Power of Attorney for a trademark application in Mauritius must be notarised and authenticated by an Apostle in terms of the Hague Convention.
Renowned for its immaculate coastlines and captivating scenery, just a few decades ago, Mauritius was only a topic of discussion where luxurious honeymoon destinations were concerned. Jump to 2024, and the tiny island nation is a hot topic in conversations regarding trade, investment and intellectual property rights. Trademark law in Mauritius is most notably regulated via the Industrial Property Act of 2019. Much like the two jurisdictions covered previously, many types of trademark rights are eligible for registration in Mauritius; from word and letter marks to devices, logos, colours, labels or any combination of these. However, collective marks cannot be executed through certain systems in this jurisdiction. Individuals or juristic entities are eligible to register trademark rights in the region. However, any foreign persons or organisations would require a local agent to represent them throughout the process.
As one of the few African signatory nations to the Madrid Protocol, there are two distinct paths to securing trademark rights in Mauritius; via the international Madrid system, and utilising the local national trademark registration framework. Both avenues provide full trademark protection for applicants within the Mauritian market. Trademark prosecution in Mauritius executed via the Madrid protocol has been largely standardised to comply with the international WIPO system. This avenue provides applicants with trademark protection in Mauritius, in addition to all other nations that are signatories to the Madrid Agreement.
In terms of regional trademark registration, Mauritius has not acceded to the relevant protocols that would allow an applicant to designate Mauritius regionally in terms of ARIPO or OAPI intellectual property applications.
Trademark Registration Process in Mauritius
National trademark prosecution in Mauritius is governed by the Industrial Property Act of 2019 and is processed locally by the Industrial Property Office (IPO). Under this framework, applicants can expect their mark to proceed to registration within 8-12 months, given that no hiccups arise during the application process. The standard formalities required to submit a trademark application are; a clear representation of the mark, a list of the goods and services which apply to the mark as per the Nice Classification, legalised (or Apostilled in terms of Madrid applications) power of attorney, the official fees and a copy of the priority document if priority is to be claimed. During this application process, an applicant's mark will undergo a formal examination. Successful applications will then proceed to acceptance and publication, where the mark will be published in the National Government Gazette of Mauritius and be subject to opposition by interested parties for two months. Following a successfully unopposed publication period, the applicant's mark will proceed to registration, whereafter the applicant will receive an official certificate of registration from the Mauritian government. Trademark registration will be subject to renewal every ten years.
Trademark Assignment in Mauritius
Trademark assignment in this market is relatively straightforward. Applicants would need to submit a completed deed of assignment form, along with legalised power of attorney to their local agent to process the change of ownership with the governing body concerned. This application usually takes up to one month to be processed.
That concludes our discussion on trademark prosecution in the vibrant island nation of Mauritius. We hope you found this short read useful! In our next edition, we will spotlight one of our neighbouring nations and their multi-faceted approach to trademark registration.
If you have any questions regarding trademark prosecution in Mauritius and other African nations, please feel free to pop our IP Prosecutions team an email at info@debeerattorneys.com and we will be in contact with you as soon as we can.
PS: If you missed the previous editions of this series that discussed trademark prosecution in other African nations, no problem! Simply click the relevant link below to access the information that you'd like:
Take care!
This information was last updated on 17 May 2024. This information is for general educational and entertainment purposes and is subject to change at any time. This post has been republished on Mondaq.
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