Mauritius Trade Marks & Patents
Mauritius Trade Marks
Mauritius is a “first to file” jurisdiction and trade mark registration is mandatory to be granted rights over a mark. Mauritius recognises the goods and services classes from the Nice Classification and allows for multi-class filing. Mauritius trade marks are valid for 10 years from the filing date and renewable for further periods of 10 years.
Mauritius is a member of the Madrid Protocol treaty which offers international trade mark filing, registration and maintenance. A single application in Mauritius can be applied to multiple jurisdictions so long as those countries are members of the Madrid Protocol. Mauritius is a member of the Paris Convention where each contracting state must grant the same IP protection to nationals of other contracting states. The Paris Convention provides for the right of priority in the case of patents, trade marks and designs.
Smit & Van Wyk IP lawyers and Africa agents deal exclusively with trade mark law in most African countries, including Mauritius trade marks. Our fields of practice encompass all aspects relating to trade mark applications, renewals and protection. Our services includes trade mark searches, prosecution, maintenance and enforcement, but more specifically:
(1) Providing advice on the registrability, selection, use and retention of trade marks;
(2) Preparing and prosecuting trade mark applications;
(3) Helping clients license or franchise their rights;
(4) Handling of trade mark maintenance including payment of renewal fees and recording amendments.
Mauritius Patents & Designs
Mauritius patents have a duration of 20 years from the filing date with no possible extensions. Mauritius is a member of the Patent Cooperation treaty (PCT) which provides a unified procedure for filing patents applications in each of its contracting states. A patent application filed under the PCT is called an international application or PCT application.
The patent lawyers at Smit & Van Wyk deal exclusively with patent law including all aspects related to filing patents, PCT national phase applications and industrial designs in most African countries, including Mauritius. Our dedicated team of patent lawyers include engineers and scientists. We provide a wide range of patent-related services across multiple industries and fields of technologies, including patent drafting, filing, prosecution:
(1) We prepare and prosecute patent and design applications;
(2) Advise on the patentability of inventions;
(3) Help clients license, franchise or assign their rights;
(4) Conduct patent searches;
(5) Handle the payment of maintenance fees;
(6) Record amendments to a patent and translate patent specifications into local Languages to maintain the clients rights.
Mauritius designs have a duration of 15 years.
Types of Patents:
Patents of Invention
Non-PCT Filing Requirements:
- Power of Attorney, legalised by Apostille (required upon filing)
- Specification, claims, drawings and abstract with English translation (required upon filing)
- Deed of assignment, legalised by Apostille (must be filed within 2 months of the date of filing)
- Certified copy of priority document (if applicable) with verified English translation (must be filed within 2 months of the date of filing)
- Copies of any search and examination reports for registrations served elsewhere (can be late filed)
Duration and Renewal:
The patent has a duration of 20 years from date of filing. Annual renewal fees are payable from the third anniversary of the filing date.
Types of Designs:
- Simply signed declaration and Power of Attorney (must be filed within 2 months of the filing date)
- Drawings, photographs or other graphic representation of the design (required upon filing)
- A statement indicating the kind of products for which the design is to be used
- Certified copy of priority document (if applicable) with verified English translation (must be filed within 3 months of the filing date)
- Deed of assignment (can be late filed)
Duration and Renewal:
The design has a duration of 15 years from date of filing. Annual renewal fees are payable from the first anniversary of the filing date.
Types of Marks:
Goods and services
- Power of Attorney, notarised and legalised up to the Mauritius Consulate or by means of an Apostille
- Details of the Applicant (full names, physical address, nationality/country of incorporation)
- Representation of the trade mark(s)
- List of goods and/or services
- Certified copy of priority document (if applicable) with verified English translation
The Nice Classification of Goods and Services is followed. Multi-class applications are possible.
10 years from filing date and renewable every 10 years.