Seychelles

Legal basis is the Decree number 18 of 1977 on Trade Marks, Chapter 239 (amended by Act 2014) and the Trade Mark Regulations of 1991.Seychelles is a member of the Paris Convention since 2002. 

Trademark registration classification:

Nice Classification

Requirements:

  • Details of the trademark owner (name, address, registration number).
  • Design of the trademark in JPEG format in case of a graphical trademark (not required for word mark).
  • The list of goods and/or services for which the trademark will be registered. 
  • A notarised power of attorney is required as well as a certified copy of the priority document when applicable. 

Procedure:

  • A trademark application has to be filed before the Registrar of Trademarks by a local agent.
  • The application process includes a formal examination, an examination as to distinctiveness and a search for prior trademarks. 
  • Applications are examined by the Registrar of Trademarks as to check registrability and conflict with prior registrations or pending applications. 
  •  Trademark applications accepted by the Registrar are then published in the official gazette prior to registration.
  • Opposition may be lodged within two months following the date of publication in the Official Gazette of the Trade Mark.
  • If no objection by a 3rd party, a registration certificate will be issued .
  • The approximate time frame for completing the trademark registration process in Seychelles is 12 to 24 months (depending on the backlog at the Ministry).

Duration and Renewal: Protection begins with the date of application. A trademark registration is valid for 10 years from the date of application. The registration is renewable for periods of 7 years from the expiry date of the original registration or last renewal. It is required to submit a notarised power of attorney when applying for renewal.Trade mark registrations obtained under the old Act must, on expiry of the term, be renewed in accordance with the new Act 2014.


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