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Mauritius
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Capital: Port Louis
Population: 1 million
Major languages: English (official), French, Creole, Indian languages
Major religions: Hinduism, Christianity, Islam
Form of government: Multiparty republic
Monetary unit: 1 Mauritian rupee=100 cents
Main exports: Sugar, clothing, tea, jewellery
Internet domain: .mu
Time zone: GMT+4
International dialling code: +230
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Trade Marks
STOP PRESS
The Patents, Industrial Designs and Trademarks Act 2003 was unexpectedly brought into force on 6 January 2003. This new Act is now in operation even though the necessary regulations, forms and fees have not yet been prepared.
For further information please see our circular no. 356 dated September 2002 and our circular no. 358 dated January 2003.
One of the effects of the new law is that a classification system has been adopted and that service marks can now be registered.
This page will be updated once all information has been clarified. For now the documentary requirements have not changed.
International Arrangements:
Mauritius is a member of the Paris Union. However, it has not yet published a Convention Countries Order concerning trade marks and it is not possible, therefore, to claim convention priority.
Categories of Trade Marks:
There are no provisions for the registration of CERTIFICATION MARKS, DEFENSIVE MARKS, SERIES MARKS or SERVICE MARKS.
IMPORTANT NOTE - Mauritius has enacted new Trade Mark legislation which will, inter alia, provide for the registration of service marks and protection of well known marks.
Classification:
There is no classification system, and applicants should describe the goods of interest.
Documents required:
A. New Applications
- Power of Attorney.*
- 6 prints, except for word marks in ordinary type - no printing block required.
B. Renewals
- No documents are required in the first instance, although the Registrar may call for a Power of Attorney.*
C. Assignments/Mergers
- Power of Attorney.*
- Deed of Assignment or other instrument of title, with verified English translation.*
D. Change of Name
- Power of Attorney.*
- Certificate of Change of Name, with verified English translation (if executed within a British Commonwealth country no authentication is necessary, otherwise see notes (i & ii below).
E. Change of Address
F. Licences/Registered Users
- Although the Law contains no provision, therefor it is possible - but not essential - for Licence Agreements to be deposited with a Notary Public in Mauritius.
- The documents required are as follows:
- Powers of Attorney from proprietor and licensee .*
- Licence Agreement, with verified English translation signed before or certified by a Notary Public.
- If executed within a Hague Convention country, to be notarised and thereafter attested by an Apostille as prescribed by the Convention;
or
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If executed within a British Commonwealth country, be signed under corporate seal or before a Notary Public. (In the case of Deeds of Assignment, the signature of the Notary Public must be authenticated by the secretary of State for Foreign and Commonwealth Affairs, London).
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Trade Mark Forms
Mauritiustrd.pdf
Patent Forms
MAURITIU.pdf
MauritiusAsst.pdf
Related News Articles
1) Circular No. 356: Mauritius - The Patents, Industrial Designs and Trade Marks Act 2002
2) Circular No. 358: Mauritius - Establishment of Spoor & Fisher Mauritius
3) Circular No. 346: Africa Newsletter (Trade Marks)
4) Circular No. 368: Mauritius - Patents, Industrial Designs and Trade Marks Regulations 2004
5) Circular No. 357: Industrial Property Developments in Africa and Surrounding Islands |
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Patents
International arrangements:
- Paris Union (from 24 September 1976)
- WIPO (from 21 September 1976)
Types of Patents available:
Patents of Invention
Novelty requirement:
Absolute novelty is required. However, novelty will not be destroyed if the disclosure of the invention to the public occurred not earlier than 12 months preceding the filing date or where applicable the priority date, and it was as a consequence of:
- acts committed by the applicant or his predecessor in title, or
- an abuse committed by a third party with regard to the applicant or his predecessor in title.
Patentability:
Diagnostic, therapeutic and surgical methods for the treatment of humans and animals are not patentable. However products for use in any such methods may be patented. Plants, plant varieties, animals and essentially biological processes for the production of plants or animals are not patentable.
Filing requirements:
Power of Attorney (simply signed) (can be late filed within two months)
Declaration claiming priority(required on the day of filing)
Specification, claims and abstract in English (required on the day of filing)
Formal drawings, if applicable (required on the day of filing)
Assignment of Invention (legalisation generally required) (can be late filed within two months)
Priority document with verified English translation (can be late filed within three months)
Evidence of registrations served elsewhere (can be late filed)
Grant:
The term of a patent is twenty years from the filing date. Renewal fees are due annually commencing on the third anniversary of the filing date.
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