Trademark Registration in Mauritius

In Mauritius, registration is mandatory to obtain rights over a trademark because it is a “first to file” jurisdiction. Only in some exceptional situations can an unregistered mark be protected, so relying on use alone is risky.

To secure protection:

• Trademark applications are filed with the **Industrial Property Office of Mauritius (IPO).
• Registration gives you exclusive rights over the mark in Mauritius.
• If you file a combined trademark (word + logo), your exclusive right covers the mark exactly as filed. If you want to protect the word alone or the logo alone, it is advisable to file separate applications for those elements.

Having a registered mark also places you in a stronger position if a third party later tries to register or use a similar trademark for related goods or services, since you can rely on your registration to enforce your rights.

To register a trademark in Mauritius, you will generally need:

• Original Power of Attorney, signed, notarized, and legalized by Apostille or before the Consulate of Mauritius.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average timeframe for a straightforward application is around 7 months from filing to registration. This is an estimate and may change depending on the workload of the office, any objections, or other procedural issues.

Once your trademark is registered in Mauritius:

• It is valid for 10 years from the application date.
• It can be renewed indefinitely in further periods of 10 years each.
• Renewal can be requested:
  • From 6 months before the expiration date, and
  • During a 3-month grace period after expiration, subject to payment of a late renewal fee.

If you do not renew within these time limits, the registration will lapse and your exclusive rights in Mauritius will end.

Yes. In Mauritius, interested third parties can file opposition actions against a trademark application:

• The opposition must be filed within 2 months from the date the application is published in the trademarks journal.

If a third party tries to register a mark that includes a primary or distinctive element of your own mark for similar goods or services, you may oppose that application on the basis of confusing similarity. The chances of success will depend on the circumstances of each case.

The law expressly states that a trademark does not need to be in use in Mauritius in order for it to be registered.
For ongoing maintenance and possible consequences of non-use after registration, we do not have the answer.