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Mauritius (MU)

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Okt 21, 2019 (Newsletter Issue 15/19)
Industrial Property Act 2019 Published
On August 10, 2019, the new Industrial Property Act 2019 was published in the Official Gazette after its approval of the Interim President of the Republic of Mauritius. The Act essentially aims to modernise the IP framework in Mauritius, promote innovation and facilitate the registration of industrial property rights. It also provides for Mauritius' accession to the Treaties administered by WIPO. It is not yet clear when the Act will come into effect. The date on which it will enter into force needs to be determined by the proclamation. Different dates may be set for the entry into force of different sections.

The most important changes regarding trademarks are the following:
- Allowance of registration of a mark by more than one owner may be determined by the registrar
- Prior user of an unregistered mark may oppose a trademark application by submitting evidence
- Initial applications may be divided into several applications that will retain the filing date and rights of priority of the initial application
- Rights conferred by the registration of a mark will not extend to acts relating to articles put on the market in Mauritius by the registered owner or with his consent (national exhaustion)
- Application for certification marks and for geographical indications possible

For more Information, please click here


Feb 01, 2017 (Newsletter Issue 3/17)
Draft Industrial Property Bill
The Government of Mauritius intends to adopt a comprehensive Bill covering all aspects of Industrial Property Rights, tentatively at the first session of the National Assembly in 2017. A Draft version of the Bill has been uploaded on the website of the Ministry of Foreign Affairs, Regional Integration and International Trade here which was open for public comments.

A brief summary of the proposed changes of the Bill is outlined below:

- Definition of a trade mark has been extended to also cover collective and certification marks. Specific grounds for the invalidation of a certification mark were added, but no similar provisions for collective marks are included.
- Grounds for refusal of a trade mark expanded, the most notable being that a mark shall not be registered if it consists exclusively of the shape of the goods or where the shape is necessary to obtain a specific technical result.
- Registration of a trade mark on the basis of honest concurrent use or other special circumstances may be permitted.
- The Bill provides that if a filing formality deficiency is notified, the applicant has two months to correct that deficiency. The filing date then becomes the date of correction of the deficiency, rather than the original filing date.
- The Bill also provides for the division of an application into two or more applications, which will then be treated independently, retaining the original filing date. (Useful when facing citations)
- A remedy for unregistered marks is provided – The earlier user of a trade mark that is neither registered nor the subject of a pending application, will entitle the owner to oppose a confusingly similar trade mark by presenting the relevant evidence of such use.
- International exhaustion of rights – the right to be accorded by the registration of a trade mark shall be exhausted once the product is put in the market by the registered proprietor or with his consent in Mauritius or any other country in the world.

More information can be seen here

Source: and Adams & Adams, South Africa

Feb 18, 2013 (Newsletter Issue 2/13)
Official Fees Increased
The official fees have been increased by 5% effective as from January 1, 2013.

The official trademark application fee for registration is MUR 3,150 for one mark in any two classes. Each additional class is MUR 1,575.

Source: De Comarmond & Koenig (International), Mauritius

Apr 05, 2011 (Newsletter Issue 6/11)
Opposition Period and Official Fees Changed
The Mauritius Industrial Property Office has changed the oppositon period for national trademarks from 3 months to 2 months, effective from February 26th, 2011.

Furthermore, the official trademark fees have been changed as well. The official trademark application fee for registration is now USD 163.00 (approx. EUR 115.00) for one mark in any two classes. Each additional class is USD 55.00 (approx. EUR 39.00).

Source: De Comarmond & Koenig (International) Mauritius
Etude Philips International Ltd, Mauritius

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 which can be seen here
Trade mark protection is obtained by registration
Well known trade marks are recognised
Nice classification
Registrable as a trademark are all distinctive words, letters, numerals, drawings, colours, pictures, labels, or any combination of the mentioned signs used to distinguish between the goods and services.
The following trade mark types are registrable: trade marks, service marks, collective marks; in addition, business identifiers such as trade names and domain names can be registered.
Trademark applications are filed in ‘paper format’ at the Mauritius Industrial Property Office (IPO) located in Port Louis.
In order to receive an application date and number, the application fees must be paid before 2:30 PM.
Multi-class applications are admissible.
Foreign applicants need to be represented by a legal practitioner admitted in Mauritius.
A power of attorney duly notarised in the country of origin of the applicant and registered at the Registrar General of Mauritius needs to be submitted together with the application, or within two months (this term can be extended at the discretion of the Controller).
The official examination includes a trademark search and the Industrial Property Office can refuse a trademark application for absolute and relative grounds.
After registration, the trademark is published for opposition in the Mauritius Government Gazette. The Gazette is published weekly in paper format.
The opposition period is 2 months from the publication date of the registration.
A trademark registration is valid for 10 years from the filing date of the application for registration. Renewal is possible for subsequent periods of 10 years. A trademark may be renewed during the period of six months preceding the expiry date.
Practical details on grace periods for trademark renewals are available in our publication here
Practical details on trademark use requirements are available in our publication here
The official trademark application fee is MUR 3,150 for one mark in up to two classes. For each additional class MUR 1,575 are due.

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Practical details on trademark licensing are available in our publication here
SMD Group thanks the following law firms for their assictance in updating the information provided.

Sep 04, 2018
IPvocate Africa Legal Advisers Ltd., Ebène, Mauritius

INLEX Middle & East Africa

Jérémy Giacopazzi

Jérémy Giacopazzi
Blue Tower, ground floor, Rue de l’Institut
Ebène Cyber City, Rose-Hill
Mauritius (MU)
Tel +230 466 90 33

INLEX Middle & East Africa is an Intellectual Property law firm located in Ebene Cyber City, MAURITIUS, specialized in the validation, protection, defense and valorization of projects for the creation of trademarks, designs, copyrights and commercial and marketing concepts.

Thanks to its long experience in France, its European working know-how, our team is able to provide its customers with quality assistance according to their specific needs and requests that will guarantee the protection of their intangible assets within the sub-Saharan area, allowing them to gain competitive advantage from their intellectual assets while reducing IP-related business risks.
- legal validation of your projects
- registration and renewal of trademarks, patents, designs, trade names and domain names
- follow-up of your IP rights
- in use investigations / seizures
- litigation
- portfolio analysis
- contract management

The Intellectual Property Office (IPO)
11th Floor, Sterling House
9-11 Lislet Geoffroy Street
Port Louis
Republic of Mauritius
Tel +230 208 5714, 208 5768, 2124431, 210 8917
Fax +230 2109702

Contact person
Mr. Ranjive Beergaunot
Acting Controller