On 6 February 2023, the Government of Mauritius deposited its instrument of accession to the Madrid Protocol.
This development will allow trade mark owners to file a single trade mark application through 114 member states (IP Offices) that covers up to 130 countries of the Madrid System, instead of filing national applications in each territory of interest. The implementation of the Madrid System will also allow trade mark owners to maintain and expand their trade marks through a cost effective, centralised system.
In addition to individual countries, it will be possible to designate the three regions, namely Benelux, the European Union, and the African Intellectual Property Organization, in an International Registration under the Protocol.
Further to the proclamation of the Industrial Property Act 2019, regulations and a schedule of fees have also been published, thereby clearing the way for the implementation of the Madrid System on 6 May 2023. However, the fee for designating applications in Mauritius and other related information is yet to be released by WIPO.
To use the Madrid System, a trade mark applicant should be a Mauritius national or have a real and effective business in Mauritius. A national, home application would have to be filed in Mauritius first, which would then form the basis of the international trade mark registration.
Trade mark owners who are not based in Mauritius will also benefit from this development because they will now be able to designate Mauritius when filing their new international applications.
Additionally, existing international registrations can be amended to include Mauritius under prior designated territories of protection.
Our Mauritius IP team can assist clients with any queries and will be ready to file new applications under the Madrid System once it is implemented in May.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.