Trademark application in Mauritius

Mauritius does not have a private trademark registration system. Instead, to protect a trademark in Mauritius, a business needs to register with the African Intellectual Property Organization (OAPI) or through the Madrid System. Mauritius has emerged as an island nation with a thriving and dynamic economy in the Mauritius Ocean region. Centrally located in the Mauritius Ocean, Mauritius serves as an important transport and trade hub, connecting major economies such as South Africa,  Mauritius and China. This location is favorable for the export of goods and the attraction of foreign investment. Mauritius does not depend on a single economic sector, but has a diversified economy with sectors such as tourism, manufacturing, financial services, agriculture and information technology. Mauritius’ diversified economy helps Mauritius reduce risks and increase its resilience to economic shocks. Mauritius has become the leading center of financial services in Africa, attracting financial companies, investment funds and financial professionals from around the world. The sector contributes more than 10% of GDP and creates many high-paying jobs. Mauritius has a diverse manufacturing industry, including textiles, food processing, jewelry manufacturing, and medical devices. The sector contributes more than 15% of GDP and creates many jobs for local people. Agriculture still plays an important role in Mauritius’ economy, especially in the production of sugarcane, tea and vegetables. The sector accounts for only 5% of GDP but contributes to food security and supplies raw materials to other industries. Mauritius has a stable democracy with a transparent legal system and a business-conducive legal framework. The Government of Mauritius is committed to promoting investment and creating favorable business conditions for domestic and foreign businesses. The country ranks highly on the World Bank’s Ease of Doing Business Index. Therefore, more and more businesses are expanding their business scope here, in order to be able to distinguish their brand from other competitors, businesses need to pay attention to trademark registration procedures. Viet An Law would like to guide customers preliminarily through the procedure for trademark registration in Mauritius through the article below.

Trademark registration in Mauritius through OAPI

Prepare documents

• Complete the trademark owner, trademark owner, and products/services for which the trademark will be used in the OAPI trademark application form.
• File high-resolution digital images of trademarks.
• List of products/services: Specify the specific products or services for which the trademark will be used.
• Letter of authorization (if applicable): If applying through a representative, the applicant should be careful to include a power of attorney.

Apply

• Apply online via OAPI’s online application platform.
• Submit in person or by post to OAPI headquarters in Yaoundé, Cameroon.

Payment of fees

• Application fee: Includes the initial processing and inspection of the applicant’s application.
• Publication fee: Covers the cost of disclosing the applicant’s trademark in the OAPI Official Gazette.
• Application fee: Upon successful registration, the applicant will have to pay a fee to complete the registration process.

Appraisal and disclosure

• OAPI will evaluate the applicant’s application to ensure it meets the eligibility criteria and does not infringe an existing registered trademark.
• If the application is approved, the applicant’s trademark will be published in the OAPI Official Gazette within a certain period of time.

Protest period

• During the objection period, any third party may file an objection to the registration of the trademark by the applicant, stating the reasons for potential infringement or other conflicts.
• If there is an objection, the OAPI will proceed with the dispute settlement procedure.

Registration and certification

• If no objection or objection is resolved in favor of the applicant, the OAPI will issue the applicant a Trademark Registration Certificate.
• This certificate formally confirms the holder’s exclusive right to use the registered trademark for specific products or services within OAPI member countries, including Mauritius.

Registration of trademark protection in Mauritius through the Madrid System

The Madrid system is a convenient and cost-effective solution for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries including Mauritius. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.

Madrid Agreement:

• The Madrid Agreement allows trademark owners to register their trademarks in a single member state (“country of origin”) and then extend protection to other member states (“nominating countries”) through a single international application.

Madrid Protocol:

• Mauritius accesses the Madrid Protocol on 6 May 2023.
• The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.
• The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.

Trademark registration dossier under the Madrid System

The Madrid Singles consist of the Madrid Singles of Vietnamese origin and the Madrid Singles with the Mauritius designation.

For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:

• Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
• 02 MM2 declarations according to the form of the International Office in English or French;
• 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
• 02 MM18 declarations in English (if the application has a US designation);
• Written authorization in Vietnamese (According to the form of Viet An Law Firm);
• Documents of payment of fees for international registration of trademarks of Vietnamese origin;
• Other relevant documents (if necessary).

Application fees through the Madrid System

The fees include:

• Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and

Additional fees depend on where the claimant wishes to protect his trademark and the number of classes of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

Trademark registration service in Mauritius of Viet An Law Firm

• Perform the search and notify you in writing of the results of the trademark search in Mauritius;
• Draft the dossier and directly file and monitor the status of the trademark application filing on behalf of the trademark owner in Mauritius;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Mauritius;
• Assist in monitoring, representing the resolution of objections and feedback with intellectual property representatives to carry out procedures in Mauritius.
• Receive dispatches, certificates and hand over to customers (if any).

If you want to file a trademark application in Mauritius, please contact Viet An Law for the most effective support.