– The Industrial Property Act 2019, in force since January 31, 2022.
– The Industrial Property Regulations 2022, in force since January 31, 2022.

– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since March 12, 1968.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since September 24, 1976.
– Convention Establishing the World Intellectual Property Organization (WIPO), since September 21, 1976.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, since May 6, 2023.

Note: Mauritius became a member of the African Intellectual Property Organization (ARIPO) on September 25, 2020, when it deposited its instrument of accession to the agreement that established ARIPO, the Lusaka Agreement of December 9, 1976. It has, however, not yet signed the underlying agreements, the Harare Protocol and the Banjul Protocol, which means that its membership at this stage has no practical significance.

Applicant: any person, firm or company, and of any nationality may apply for registration.

Applicants not living in the country: where an applicant’s ordinary residence or principal place of business is outside Mauritius, he must be represented by a legal practitioner resident and practicing in Mauritius.

Kinds of protection: trademarks, service marks, collective marks, certification marks, geographical indications.

Excluded from protection: any mark which is (a) incapable of distinguishing the goods or services of one enterprise from those of other enterprises; (b) contrary to public order or morality; (c) likely to mislead, in particular as regards geographical origin, nature or characteristics; (d) identical to or an imitation of foreign national or international flag, armorial bearing, name or sign; (e) identical with, or confusingly similar to, or constitutes a translation of, a mark or trade name which is well-known in Mauritius for identical or similar goods or services of another enterprise; (f) identical with a mark belonging to a different proprietor and already on the Register, or with an earlier filing or priority date, in respect of the same goods or services or closely related goods or services; or (g) where it so nearly resembles such a mark as to be likely to deceive or cause confusion.

Colors: can be claimed.

Three-dimensional marks: can be protected.

Convention priority: priority may now be claimed under the Paris Convention (certified copy of earlier application to be submitted). The repealed Acts did not permit this, although Mauritius has been a subscriber since 1976.

Classification: international according to the Nice Agreement.

Multi-class applications: are provided for.

Territory covered: the whole of the Republic of Mauritius.

Filing requirements for an application (to be sent to resident agent):
1. Full names and business address and nationality of applicant;
2. 10 prints (5 x 5 cm) and printing block (except for trademark in ordinary type);
3. Goods and/or services to be covered; multi-class applications are permitted;
4. Power of attorney, to be authenticated as follows:
(i) if executed in a contracting State to the Hague Convention on Legalization, attested by an Apostille; or
(ii) otherwise, legalized by Consul for Mauritius, resident in or accredited to the country of signature.

For a change of name: certificate of change of name, with a verified English translation.
For a change of address: no document is required.

Amendment of application: possible.

Division of application: the applicant may divide his application into two or more applications; the list of goods and services of the original application is hence divided, and the new resulting applications retain the filing date and, where applicable, the right of priority of the initial application.

Examination: as to registrability and conflict with existing marks.

Letters of consent: can be accepted, must be notarized.

Opposition: advertised on acceptance. The opposition term is three months from the date of the advertisement. There is provision for a counter-statement by the applicant and a hearing. The Controller is then to decide, and his decisions are appealable to the Industrial Property Tribunal and thence to the Supreme Court.

Delivery of document: certificate, in paper format, issued shortly after successful conclusion of the opposition period.

Duration – renewal: ten years from the filing date and renewable every ten years thereafter.

Right conferred by registration: the exclusive right to any mark shall be acquired by registration in accordance with the provisions of the Act.

Right of prior user: once his mark is registered, without objection or opposition on the grounds of prior unregistered rights, the owner’s rights by virtue of registration appear to prevail over the rights of prior, unregistered user – but see “Rectification of Register”, below.

Use: necessary. A mark may be removed from the Register on the grounds that up to one month prior to filing the request, the mark had, after its registration, not been in use by the registered owner or a licensee, during a continuous period of not less than three years; unless justified by reasonable circumstances, with no intent not to use or to abandon.

Invalidation: any interested person may apply to the Tribunal for the invalidation of a registered mark, totally or partially.

Restoration: no provision.

Voluntary modification: no provision.

Licensing: licenses must provide for effective control by the owner of the quality of goods or services of the licensee and must be registered to be effective against third parties.

Assignment: may be made with or without goodwill but shall be invalid if likely to deceive or cause confusion. It must be registered to be effective against third parties.

Infringement: any registered owner of a mark shall, in addition to any other rights, remedies or actions available to him, have the right to institute court proceedings against any person who infringes the mark by using, without his agreement, the mark as registered, for any goods or services for which it is registered or who performs any act likely to cause an infringement. He may institute such proceedings also where the use of any sign similar to the registered mark, or in relation to similar goods or services, is likely to cause confusion in the public. There are supplementary provisions and remedies under the Protection Against Unfair Practices (Industrial Property) Act, 2002.