Trade and Service Marks

– 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.