Understanding The Basics

What Is A Trademark?

A trademark can be a symbol, name, design or phrase that distinguishes and recognises a product or service from others. It acts as an unmistakable indicator of the origin of products or services. In today’s highly competitive market, trademarks are crucial in establishing brand value; they help promote marketing efforts while safeguarding identity. If you are a business, registering your trademark provides legal protection against infringement and enhances visibility and credibility, likewise to Non-Governmental Organisation as it is a representation of the mission and vision of the organisation. 

Why You Should Conduct A Trademark Search?

Performing a trademark search is crucial in order to avoid legal issues and improve the likelihood of successfully registering your chosen trademark. This process verifies that your desired brand name is unique and not already taken, therefore reducing potential conflicts or requirements for rebranding. By demonstrating compliance with appropriate regulations through this thorough investigation, it protects investments made towards branding endeavours while streamlining efforts to secure ownership of exclusive rights. Furthermore, it allows prompt recognition of any possible disputes which could minimise shared risks by promoting clarity for customers, whilst establishing strong foundations for developing impactful brand identities.

How To Apply For Trademark Registration?

In Mauritius, the Industrial Property Act (2019) also known as Act No. 15 of 2019 allows individuals to register their trademark with evaluation as from the date of application reception. 

To proceed with the application, you must submit:

  1. The name of your trademark.
  2. A copy of the trademark
    • Attach a clear photograph of your proposed trademark under the section “representation of trademark” in the application form. Ensure that three additional copies are provided along with it.
    • For symbol trademarks, display it clearly and include any associated title in your application.
  3. Details on classes and specifications for goods/services.
    • The total cost for two classes is MUR 3,150.00 and any additional class will require an extra fee of MUR 1,575.00.
  4. Personal information including applicant name, contact details, address and nationality.
  5. A legal Power Of Attorney legalized up to Mauritius/British consular level and apostatized.
  6. If priority is claimed then certified copies are required.

Registration applications are typically processed within nine months by the Ministry of Foreign Affairs, Regional Integration and International Trade’s Industrial Property Office. Upon completion of registration, a Certificate of Registration will be issued by the Office.

As of 2022, it costs around MUR 3,500.00 to file a trademark application. Additionally, if the application is approved, there will be a charge for issuing the registration certificate. It is essential to keep in mind that these fees may vary and thus, should check for up-to-date prices.

What Happens After Application Is Filled?

When the application is received, Mauritius IPO reviews it to ensure conformity with Trademark Law and investigates if registration is possible while also verifying for any violations related to existing trademarks. If approved, the application will be released in the Official Gazette during a two-month opposition period. Provided there are no objections or challenges favouring the applicant at this stage, then trademark registration can be completed by Mauritius IPO which issues an official certificate of ownership of rights to use such mark upon approval.