Trade and Service Marks
Legal Basis
– Industrial Property Act, 2014, in force since March 1, 2015.
– Industrial Property (Marks) Regulations, 2014, in force since March 1, 2015.
Membership in International Conventions
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since March 31, 1979.
– Convention Establishing the World Intellectual Property Organization (WIPO), since March 16, 2000.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since November 7, 2002.
– WTO’s TRIPS Agreement, since April 26, 2015.
Filing, Protection
Applicant: any person who has a right to use a trademark may apply for registration.
Applicants not living in the country: must appoint an agent domiciled in the Seychelles.
Kinds of protection: trade and service marks, collective marks, three-dimensional marks, and geographical indications.
Well-known marks are recognized.
Priority: in accordance with the Paris Convention.
Classification: international. A separate application must be filed for each class.
Filing requirements for an application (to be sent to resident agent):
1. Notarized power of attorney;
2. A reproduction of the trademark;
3. If the mark is in color, to provide color specification.
4. A list of the goods and/or services for which registration is desired;
5. Certified copy of the priority document (if claimed).
Examination: for conflicts with prior rights.
Letters of consent: not provided for.
Objection: possible within sixty days from publication of the application in the Gazette.
Duration: trademark registrations remain in force for an initial period of ten years from the filing date.
Renewal: indefinitely for subsequent periods of seven years.
Grace period for renewals: six months with surcharge.
Opposition to registered marks: not provided for.
Use requirements: if a registered trademark has not been used for a continuous period of three years, it can be expunged on the basis of non-use.
Assignments: the recordal of assignments is possible with or without goodwill. The requirements for recordal are: (1) power of attorney signed by the assignee (legalized); (2) assignment agreement (original or certified copy thereof).
Licensing and registered users: the licensing of trademarks is permitted but the licensee must be recorded as a registered user. The requirements for recordal are: (1) power of attorney from the proprietor (legalized); (2) registered user agreement (original or certified copy thereof).
Infringement and penalties: provided for.