Mauritius trademarks are valid for 10 years from the filing date and renewable for periods of 10 years each upon payment of the renewal fee. Mauritius trademarks recognise the Nice Classification of goods and services, and allows for multi-class filing. Mauritius is a member of the Madrid Protocol which offers international trade mark filing, registration and maintenance. Mauritius is a member of the Paris Convention where each contracting state must grant the same protection to nationals of other contracting states.
Smit & Van Wyk Intellectual Property law firm specialise in Mauritius trademarks for goods and services. Our fields of practice encompass all aspects relating to trademark protection, but more specifically:
Providing advice on the registrability of a trade mark.
Selection, use and retention of trade marks.
Preparing and prosecuting trade mark applications.
Helping clients license or franchise their rights.
Handling of trade mark maintenance including payment of renewal fees.
Types of Trademarks:
- Goods and services
- Collective marks
Trademark Duration / Renewals:
Once the trade mark is registered in Mauritius, it is valid for 10 years from filing date and renewed for further periods of 10 years (even if priority is claimed, the date is still calculated from application date). Registered marks may be cancelled on the grounds of non-use if they have not been used in Mauritius for a continuous period of 2 years.
Mauritius is a First to File country.
Whomever first files a particular trademark gets the rights.
What Types of Trademarks can be registered in Mauritius?
Any distinctive words, letters, numerals, drawings, colours, pictures, labels, or combination of the above used to distinguish between the goods and services of different companies may be considered a trade mark.
A trademark application has to be filed before the Patent Office (part of the Ministry of Commerce) by a local agent. In Mauritius, trademark registration is mandatory to be granted rights over a trademark, as it is a “first to file” jurisdiction. Whomever first FILES a particular trade mark gets the rights. The trademark applications must be filed with the Industrial Property Office of Mauritius.
Approximate Registration Time Table:
The application process includes a formal examination of the application and a trade mark search, about 6 months. After registration, the trade mark is published in the official gazette.
Multi-class applications are permitted. Mauritius follows the Nice Classification with regard to goods and services.
Trademark Filing Requirements
- Power of Attorney, notarised and legalised up to the Mauritius Consulate or by means of an Apostille
- Details of the Applicant (full names, physical address, nationality/country of incorporation)
- Representation of the trade mark(s)
- List of goods and/or services
- Certified copy of priority document (if applicable) with verified English translation
The most current edition of the Nice Classification of Goods and Services is followed. The Nice Classification, established by the Nice Agreement, is an international classification for the registration of marks. A new edition is published every 5 years and a new version of each edition is published annually.
International and Regional Systems
Mauritius is a member of the Paris Convention where each contracting state must grant the same Intellectual Property protection to nationals of other contracting states, and provides for the right of priority in the case of patents, trade marks and designs. The Paris Convention is an international agreement which helps creators ensure that their intellectual property is protected in other countries. It applies to IP in the widest sense as it covers patents, trade marks and industrial designs to name a few.