The short answer
A Mauritian trademark registration lasts 10 years from the filing date and can be renewed for consecutive 10-year periods. The Director may allow 6 months after the due date for payment with a surcharge, and the previous owner has 1 year after expiry to apply again with precedence. A mark can be removed after 3 continuous years of non-use. Foreign applicants must be represented by a law practitioner or agent in Mauritius.
Trademark deadlines in Mauritius at a glance
These rules come from the Industrial Property Act 2019 (Act No. 15 of 2019), in the English Government Gazette text on WIPO Lex. The Act came into force on 31 January 2022 with the Industrial Property Regulations 2022, which set several time limits and fees, so we confirm those before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years from the filing date, renewable for consecutive periods of 10 years (Section 97). |
| Which date does the term count from? | The filing date of the application for registration (Section 97(1)). |
| When can I renew? | Renewal is made on payment of the renewal fee, at the time prescribed in the Regulations, and subject to conditions the Director may set (Section 97(2)). |
| Is there a grace period? | Yes, in part. The Director may grant a delay of 6 months for paying the renewal fee plus a surcharge. If renewal is not effected, the registration lapses. The previous owner can apply again within 1 year of expiry and has precedence over other applicants (Section 97(3) to (5)). |
| Opposition period | After the application is accepted it is published in the Gazette. Any person can lodge a notice of opposition with the Director, with the fee and the grounds, within the period prescribed in the Regulations, which commentators report as 2 months from publication. The applicant must send a counter-statement or is deemed to abandon the application (Section 96(4) and (5)). |
| Reply to an office action | If the application does not meet the requirements, the Director asks for more information or an amendment within the prescribed period, or the application lapses. After a refusal the applicant has 6 months to make written representations, and the Director decides within one month (Section 96(2), (3) and (7)). |
| Priority claim | A priority declaration can be made on the basis of an earlier application in a Paris Convention State or a WTO member. The priority period is 6 months from the earlier filing, and the priority documents follow within 3 months of the declaration (Section 93). |
| Non-use | Any interested person can ask the Director to remove a mark for goods or services if, up to one month before the request, it had not been used by the owner or a licensee for a continuous period of not less than 3 years after registration. It is not removed if reasonable circumstances prevented use and there was no intention to abandon it (Section 100). |
| Assignment | We record changes of ownership at the Industrial Property Office so the register shows the new owner. The Act provides for transfers and licences, and we confirm the current recordal procedure and fee before filing. |
Who can register a trademark in Mauritius
Any person can apply to register a mark. The exclusive right to use a mark is acquired by registration, so registration is needed for full protection (Section 91). The application follows the Nice Classification.
Representation. Where the applicant's residence or principal place of business is outside Mauritius, a law practitioner resident and practising in Mauritius, or an agent approved by the Minister, must represent the applicant (Section on agents).
Trademark registration process in Mauritius
Search
- Search the the Director of the Industrial Property Office of Mauritius records for identical or similar marks in your classes.
File the application
- File with the the Director of the Industrial Property Office of Mauritius, through your Mauritian law practitioner or agent.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After acceptance, the application is published in the Gazette and anyone can oppose within the prescribed period (Section 96(5)).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Director of the Industrial Property Office of Mauritius and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Mauritius trademark validity and renewal
- The term is 10 years from the filing date.
- Pay the renewal fee at the prescribed time.
- The Director may allow a further 6 months with a surcharge.
- The previous owner has 1 year after expiry to re-apply with precedence.
Diarise the expiry date from the date stated on your certificate and renew early.
Assignment, licence and changes to a Mauritian trademark
Transfer
Change of ownership
Transfers are recorded at the Industrial Property Office. We confirm the procedure before filing.
Licence
Licensing the mark
The Act regulates licences. We record them so third parties can see them.
Division and amendment
Before registration
An application can be divided, withdrawn or amended under Section 95.
Collective and certification marks
Groups and certifiers
The Act has separate sections for collective and certification marks (Sections 101 and 102).
Non-use and cancellation of a Mauritian trademark
Under Section 99, an interested person can ask the Tribunal to invalidate a registration, in whole or in part, if the sign is not a mark or breaks the grounds in Section 91. Under Section 100, the Director can remove a mark for 3 years of non-use.
Keep dated proof of use in Mauritius: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Mauritius
Search the Industrial Property Office register and watch the Government Gazette, where accepted applications are published. The opposition period runs from publication.
Sources used
- Industrial Property Act 2019 (Act No. 15 of 2019), English text on WIPO Lex: Sections 91, 93, 96, 97, 99, 100 and the section on agents.
- Industrial Property Office of Mauritius and the Industrial Property Regulations 2022 for time limits and fees.
Mauritius trademark FAQ
How long does a trademark last in Mauritius, and from when?
10 years from the filing date, renewable for consecutive periods of 10 years (Section 97). It counts from the filing date (Section 97(1)).
When should I renew a Mauritian trademark, and is there a grace period?
Renewal is made on payment of the renewal fee, at the time prescribed in the Regulations, and subject to conditions the Director may set (Section 97(2)).
What is the opposition period in Mauritius?
After the application is accepted it is published in the Gazette. Any person can lodge a notice of opposition with the Director, with the fee and the grounds, within the period prescribed in the Regulations, which commentators report as 2 months from publication. The applicant must send a counter-statement or is deemed to abandon the application (Section 96(4) and (5)).
How much does it cost to register a trademark in Mauritius?
The official fee is set by the the Director of the Industrial Property Office of Mauritius and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Mauritius?
Yes. An applicant based outside Mauritius must be represented by a law practitioner resident and practising in Mauritius, or an agent approved by the Minister. We arrange this.
Can I assign a Mauritian trademark?
We record changes of ownership at the Industrial Property Office so the register shows the new owner. The Act provides for transfers and licences, and we confirm the current recordal procedure and fee before filing.
Can a Mauritian trademark be cancelled for non-use?
Any interested person can ask the Director to remove a mark for goods or services if, up to one month before the request, it had not been used by the owner or a licensee for a continuous period of not less than 3 years after registration. It is not removed if reasonable circumstances prevented use and there was no intention to abandon it (Section 100).
How can I check the status of a Mauritian trademark?
Use the the Director of the Industrial Property Office of Mauritius register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
A priority declaration can be made on the basis of an earlier application in a Paris Convention State or a WTO member. The priority period is 6 months from the earlier filing, and the priority documents follow within 3 months of the declaration (Section 93).
How do I change the owner's name or address?
Record the change with the the Director of the Industrial Property Office of Mauritius so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Mauritius
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