Trademarks in Mauritius

Competent Authority

• Name of Office: Industrial Property Office of Mauritius (IPOM), operating under the aegis of the Ministry of Foreign Affairs, Regional Integration and International Trade.
• Working Language: English.
• System Type: National.

International Treaties

• Paris Convention: Member.
• Madrid System: Member of the Madrid Protocol. International registrations via the Madrid System can designate Mauritius.

Who May Apply

• Eligibility: Natural and legal persons (domestic or foreign).
• Local Representation: Applicants who do not have their principal place of business or ordinary residence in Mauritius must be represented by an authorized local agent or a legal practitioner residing and practicing in Mauritius.
• Power of Attorney (POA): Required for foreign representation; standard administrative requirements dictate a signed and legalized/apostilled Power of Attorney.

Online Filing and Search

• Electronic Filing: Available via national administrative channels and IPOM submission interfaces or WIPO-integrated eMadrid routes.
• Trademark Search: Recommended prior to filing to screen prior conflicting rights using IPOM database records.

Protectable Trademark Types

• Word marks, figurative elements, combined marks, and standard commercial identifiers.
• Foreign-language marks or characters must include verified translations and/or transliterations.

Classification

• System: Nice Classification.
• Multi-class Applications: Supported under the Industrial Property Act.

Examination

• Scope: IPOM conducts formal administrative reviews and rigorous substantive examinations under the Industrial Property Act covering absolute grounds (distinctiveness, public order, and morality) and relative grounds (prior conflicting rights on the national register).

Publication and Opposition

• Opposition System: Once approved during examination, trademark applications are published in the official Government Gazette. Interested third parties may file a notice of opposition within 2 months from the publication date.

Timeframes

• Registration Timeline: Approximately 9 to 18 months for a straightforward, unopposed application proceeding smoothly from initial filing to certificate issuance.

Official Fees

• Fee Structure: Official filing tariffs are denominated in Mauritian Rupees (MUR). Baseline statutory fees scale around 6,000 MUR for the first class, and 2,000 MUR for each additional class. WIPO fee schedules apply to Madrid Protocol designations.

Duration and Renewal

• Protection Term: 10 years calculated from the filing date.
• Renewal Window: Can be renewed for successive 10-year periods prior to expiration, backed by a 3-month late renewal grace period subject to supplementary surcharges.

Use Requirements

• Non-Use Cancellation: A registered trademark is vulnerable to cancellation or revocation actions if it is not put to genuine commercial use for a continuous statutory period.
• System Type: First-to-file.

Post-Registration Procedures

• Assignments, licensing agreements, and changes in the name or address of the holder must be formally recorded with the Industrial Property Office of Mauritius to ensure legal effectiveness and enforceability against third parties.

Legal Remedies & Enforcement

• Enforcement: Handled via civil infringement actions before the Commercial Court of Mauritius, injunctions, and border/customs measures against counterfeit goods.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.