Trademark registration Mauritius – In Mauritius the legal basis is the trademark law of January 1st, 2003.Trademark protection is obtained by registration or by achieving secondary meaning.

Filing requirments:

A Power of Attorney notarized, duly notarized and legalized by means of Apostille. If Apostille is not possible, the document may be legalized either by the Mauritian Consulate or by the Ministry of Foreign/ External Affairs in the Applicant’s home country.

Five prints of the trademark (not required for word marks).

List of the goods to be covered by the application and the classes pertaining thereto.

The power of attorney may be lodged at a later stage after filing the application. However, it should be lodged within two months from the date of filing. Upon request, an extension of two months may be obtained to file the document. We confirm that no additional cost will be charged for late filing of any documents.

It takes between 6-8 months to obtain a registration for a trademark in the normal course of action in Mauritius.

Assignment Requirements:

A Deed of Assignment duly notarized. No Power of attorney is required to attend to the Recordals.

Normally, it takes about 2-3 weeks to record an assignment.

Trademark registration: Procedure

The application process includes a formal examination of the application and a trademark search. After registration, the trademark is published in the official gazette. The opposition period is 3 months from publication of the trademark application.

Trademark registration: Duration

A trademark registration in Mauritius is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

Trademark registration: Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.

Use Requirements

Duly note, any interested person may request the Industrial Property Office to remove a mark from the register, if up to one month prior to filing the request, the mark had, after its registration, not been in use by the registered owner or a licensee, during a continuous period of not less than 3 years unless the owner of the mark can point out reasonable circumstances that prevented the use of the mark and that there was no intention not to use or to abandon the same in respect of those goods or services.

FILING REQUIREMENT

A petition.

A declaration duly notarized and legalized.

A power of attorney.

Specification and claims in English.

Formal drawings.

Deed of assignment duly notarized and legalized.

Memorandum of signatory.

These documents are filed immediately in four copies and the originals are sent to the Registration office especially the Deed of the assignment to be transcribed.

FILING REQUIREMENTS

Requirements for Filing Design Applications
Full name and business address and nationality of the applicant.
Drawings, photographs or other adequate graphic representations.
Indication of the article or articles to which the industrial design relates.
A specimen, if three dimensional.
A Power of Attorney.
Priority document in convention cases

The new copy right act of 2014 is yet to come into force