Trademark Registration and Protection
Mauritius trademarks recognise the Nice Classification of goods and services, and allows for multi-class filing. 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 is a first to file country and whomever first files a trademark will get the rights. Mauritius is a member of the Madrid Protocol which offers international trade mark filing, registration and maintenance. A single application can be applied to multiple jurisdictions so long as those countries are members of the Madrid Protocol. Mauritius is a member of the Paris Convention where each contracting state must grant the same protection to nationals of other contracting states. The Paris Convention provides for the right of priority in the case of patents, trade marks and designs.
Smit & Van Wyk Intellectual Property law firm in Africa specialise in Mauritius trademarks for goods and services. We work with a network of trusted and knowledgeable agents to develop the best possible solution to each of our clients’ Intellectual Property needs in Africa. Our fields of practice encompass all aspects relating to trademark registrations, renewals and 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.
- Recording amendments.
Mauritius Trademark Applications
Mauritius is a First to File country.
Whomever first FILES a particular trade mark 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.
Minimum Filing Requirements:
Representation of the trade mark.
A list of goods and services.
The applicant (s) details.
A notarised power of attorney, attested by an Apostille of the Hague Convention.
If Convention priority is claimed, a certified copy of the application.
Mauritius Trademark Duration:
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 recognises the goods and services classes from the Nice Classification and allows for multi-class filing. 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. Use of the Nice Classification is mandatory for the national registration of marks in countries party to the Nice Agreement:
the African Intellectual Property Organization (OAPI);
the African Regional Intellectual Property Organization (ARIPO);
the Benelux Office for Intellectual Property (BOIP);
the European Union Intellectual Property Office (EUIPO) and;
the International Bureau of WIPO.
Mauritius is a member of the Paris Convention where each contracting state must grant the same IP 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.