enterprises which use the sign under the control of the registered owner of the
collective mark;
36.
(b)
"mark" means any visible sign capable of distinguishing the goods (trademark) or
services (service mark) of an enterprise from those of other enterprises; and .
(c)
"tradename"
enterprise.
means
the
name
or
designation
identifying
and
distinguishing
an
Acquisition of the exclusive right to a mark
(1)
The exclusive right to any mark, shall be acquired by registration in accordance
with the provisions of this Act.
(2)
No mark shall be registered, where it-
(3)
(4)
(a)
is incapable of distinguishing the goods or services of one enterprise from
those of other enterprises;
(b)
is contrary to public order or morality;
(c)
is likely to mislead any person, in particular as regards the geographical
origin of the goods or services concerned or their nature or characteristics;
(d)
is identical with, or an imitation of, or contains, as an element, an
armorial bearing, flag and other emblem, a name or abbreviation or initials
of the name of, or official sign or hallmark adopted by, any State,
intergovernmental organisation or organisation created by an international
convention, unless authorised by the competent authority of that State or
organisation;
(e)
is 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)
is registered in Mauritius for goods or services which are not identical or
similar to those in respect of which registration is applied for, provided,
in the latter case, that use of the mark in relation to those goods or
services would indicate a connection between those goods or services and the
owner of the well-known mark and that the interests of the owner of the wellknown mark are likely to be damaged by such use; and
(g)
is 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 where it so
nearly resembles such a mark as to be likely to deceive or cause confusion.
The Controller may refuse to accept an application for the registration of a mark
on which appears (a)
either the following word "patent", "patented", "registered",
design", "copyright", or an abbreviation of any these words; or
(b)
any representation
representations.
of
the
State,
or
any
colourable
No mark which contains either(a)
a representation of the flag of Mauritius;
(b)
a representation of the Arms or Seal of Mauritius;
"registered
imitation
of
these