Legal basis is the Patent, Industrial Designs and Trade Marks Act 2002 (Act 25 of 2002; proclamation No. 1 of 2003 with effect as of January 6, 2003.Trade mark protection is obtained by registration. Well known trade marks are recognized.
Trademark registration classification:
- Full name, street address and description of the applicant (including trading style, if any, and state/country of incorporation, if incorporated).
- Representations of the mark 15 per class, if it is a device mark.
- List of goods or services proposed specification(s) of goods or services.
- Power of attorney legalized by the Consulate of Mauritius, if no Consulate is available, then by a British Consulate or attested by an apostle.
- If priority is claimed: priority document to be lodged within 3 months of filing the application. Priority date and number required on date of filing the application.
- Trademark applications are filed in ‘paper format’ at the Mauritius Industrial Property Office (IPO) by a local agent.
- The official examination includes a trademark search and the Industrial Property Office can refuse a trademark application for absolute and relative grounds.
- Once your trademark application is filed, it will be examined by the Examiner with the formality checks and substantive examination. If there is no objection, a notice of acceptance will be issued
- After registration, the trademark is published for opposition in the Mauritius Government Gazette for opposition.
- The opposition period is 3 months from publication of the trademark application.
- If there is no objection from any 3rd party, the mark will be registered and the registration certificate will be issued.
- The time frame for obtaining a trademark registration in Mauritius is approx about 8 - 12 months from the filing to registration.
Duration and Renewal: A trademark registration is valid for 10 years. Renewal is possible for subsequent periods of 10 years. A trademark may be renewed during the period of six months preceding the expiry date.