Mauritius

Trade Mark

Forms part of

No
ARIPO
No
OAPI
No
MADRID
Yes
SERVICE CLASSES
NA
NICE CLASSIFICATION

10th edition

Yes
WELL-KNOWN TRADE MARKS RECOGNISED?

OAPI

ARIPO

International Arrangements

Mauritius is a party the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.

Classification

Mauritius follows a multi-class filing system in terms of the 10th edition of the Nice Classification.

Registration Procedure

The total time from filing to registration is approximately 24 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 2 months from the date of publication.

Common Law and Well-Known Trade Marks

Well-known trade marks in terms of the Paris Convention are recognised in Mauritius.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.

A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.

Customs Recordal

Customs recordals are possible.

Patent

Forms part of

No
ARIPO
No
OAPI
Yes
PARIS CONVENTION
No
PCT

OAPI

ARIPO

International Arrangements

Paris Convention
Convention establishing World Intellectual Property Organization (WIPO)
Agreement concerning the Trade-Related Aspects of Intellectual Property (TRIPS)

Types of Patents

Patents of Invention

Novelty Requirements

Absolute novelty

Grace Period/Prior knowledge

12-month grace period for disclosures by the applicant.

Examination procedure

Formal examination with a search and substantive examination.

Duration & Maintenance

20 years from filing date
Annual maintenance fees

Working Requirement

No use requirement, but insufficient use may be a ground for the grant of a compulsory license.

Design

Forms part of

No
ARIPO
No
OAPI
Yes
PARIS CONVENTION

OAPI

ARIPO

International Arrangements

Paris Convention
Convention establishing World Intellectual Property Organization (WIPO)
Agreement concerning the Trade-Related Aspects of Intellectual Property (TRIPS)

Types of Designs

Industrial designs (no utility models)

Classification

Industrial Classification for Industrial Designs under the Locarno Agreement Ninth Edition (although Mauritius is not a signatory to the Locarno Agreement)

Novelty Requirements

Absolute novelty

Grace Period/Prior knowledge

12-month grace period from date of disclosure

Examination procedure

Formal examination

Duration & Maintenance

Five years from filing date with two further extension periods of 5 years each.
Maintenance payments every 5-year period.

Working requirement

No use requirement