Nice classification

Registrable as a trademark are all distinctive words, letters, numerals, drawings, colours, pictures, labels, or any combination of the mentioned signs used to distinguish between the goods and services.
The following trademark types are registrable: trade marks, service marks, collective marks and trade names.

The application is filed at the Mauritius Industrial Property Office.
Multiple-class applications are possible.
Foreign applicants need a legal practitioner or an approved agent practising in Mauritius.
A power of attorney duly notarised and legalised by means of Apostille is necessary.
The official examination includes a trademark search.
After registration, the trademark is published in the Mauritius Government Gazette.

National:
The opposition period is 2 months from publication date of the registration.

Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
not a member of the Madrid Agreement or Protocol.

A trademark registration is valid for 10 years. Renewal is possible for periods of 10 years. A trademark may be renewed during the period of six months preceding the expiry date.

The grace period for renewals is 3 months from the expiration date of the trademark.

Any interested person may request the Industrial Property Office to remove a mark from the register, if 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 3 years unless the owner of the mark can point out reasonable circumstances that prevented the use of the mark and that there was no intention not to use or to abandon the same in respect of those goods or services.

The official trademark application fee for registration is MUR 3,150 for one mark in any two classes. Each additional class is MUR 1,575.

Trademark Licence Agreement
A licence to use a trademark has to be in writing. Licensing of unregistered marks is permissible. A trademark may be licensed for some or all of the goods or services in respect of which the trademark is registered. The sale of a registered mark does not automatically terminate the licence. There are no specific provisions prescribing the terms of licensing. The terms of licensing can freely be determined on a contractual basis between the parties.

Recordal
There are provisions in law for the recordal of a licensee with the Trademark Office. Any licence concerning a registered mark or an application thereof shall be submitted to the Controller, who shall record it and publish a reference thereto, while keeping its contents confidential (the same applies to licenses concerning patents or industrial designs). There is no time frame for a recordal, but the licence shall have no effect against third parties until such recording is effected. There is no prescribed form or content for a licence agreement.

Documents required for a recordal: The licence agreement, notarised and legalised by means of Apostille.

Effectiveness
The licence becomes effective and enforceable against third parties on the date of recordal of the registered user in the Registry’s records at the IP Office. The licence is required to be published in the Mauritius Government Gazette.

Infringement Proceedings
There is an evidentiary presumption that use by a recorded licensee is permitted use. The licensee can join the trademark owner in infringement proceedings. He is also entitled to call upon the owner to institute infringement proceedings, but he cannot initiate any proceedings on his own, unless he has obtained formal authorisation from the owner of the trademark to do so.

Search type	First class	Add. class
Word Mark Search (availability)	210,00 €	110,00 €
Word Mark Search (identical)	190,00 €	100,00 €
Extended Search (word mark, company name, domain)
Device Mark Search (availability)	230,00 €	120,00 €
Trademark Owner Search
Company Name Search
Domain Name Search (extended)
i-Search (word mark availability + legal opinion)	560,00 €	540,00 €

The Prices above are S.M.D. Markeur Search Fees