Being a “first to file” jurisdiction, trademark registration in Seychelles is required in order to award trademark rights. An unregistered trademark can only be protected in some rare circumstances. The trademark registration division of the Seychelles Department of Legal Affairs must receive the trademark applications.
When a combination trademark (one that has both word and figurative features) is registered in Seychelles, the exclusive right to use it is restricted to using it in exactly the same way that it was submitted and registered. It is recommended to submit a separate trademark application that only contains the words or figurative elements that the applicant wants to use and protect separately.
This is applicable if they wish to use the word element of the trademark separately from the logo (or vice versa).
However, one will have the right to oppose the application on the grounds of confusing similarity if a third party subsequently wants to register or use a trademark for comparable goods or services that includes a primary or separate component or portion of their trademark.
A trademark application may be the subject of opposition actions by interested third parties within two (2) months of its publication in the Official Trademark Gazette. The likelihood of a competitor winning will vary depending on the particulars of each case.
If you wish to know about the process of incorporating a business here, refer to our page Seychelles business registration.
SEYCHELLES TRADEMARK LAW
The Industrial Property Act, 2014, the Industrial Property (Marks) Regulations of 2014, and the Industrial Property (Geographic Indication) Regulations of 2014 serve as the legal foundation for Seychelles trademark law.
The Paris Convention, which guarantees the right of priority for patents, trademarks, and designs, requires that each contracting state give the same level of intellectual property protection to citizens of other contracting governments. Seychelles is a member of this convention. The Paris Convention is an international agreement that supports creators in ensuring that their intellectual property remains safe in other nations. It covers patents, trade names, and industrial designs, to mention a few, and applies to IP in the broadest sense.
Seychelles has its system for classifying goods and services, which closely resembles the Nice Classification. Since Seychelles uses a single-class filing system, each class must have its application.
Types of Trademarks available in Seychelles are:
- Certification marks
- Defensive marks
- Goods and services
- Series marks
- Collective marks
Documents required for trademark registration
- Notarized power of attorney
- Information on the applicant, including full names, addresses, and
- Nationality or country of incorporation
- Representation of the trademark(s)
- Products and/or services list
- If applicable, a certified copy of the priority document
PROCESS OF TRADEMARK REGISTRATION IN SEYCHELLES
- The applicant should create their unique trademark. However, section 65 of Chapter 1 Part VI of the Seychelles Industrial Property Act states that some categories shall not be eligible for registration.
- Relin consultants will assist the applicant in applying for the registration of a trademark to the Registrar. The application must include a request, a copy of the mark, and a description of the goods and services that were listed in the relevant international classification classes. The declaration claiming a right of priority may be included in the application because the Republic of Seychelles is a party to the Paris Convention.
- The Registrar will review the application to see if it complies with the requirements. The applicant must make the necessary modifications within 60 days if the Registrar finds that the conditions have not been met, failing which the application will be deemed withdrawn.
- After reviewing the application, if the Registrar determines that it is valid, he or she must issue a notice inviting opposition to the registration of the mark in the Gazette at the applicant’s expense.
- When the rules and regulations are met, the request has not been objected or has been opposed but the opposition has been overruled, the Registrar must register a mark, publish a reference to the registration in the Gazette, and issue the Certificate of Registration.
The Seychelles trademark registration procedure typically takes between 12 and 24 months to complete.
Protection starts on the application date and lasts for the duration. Upon application, a trademark registration is good for ten years. After the original registration or the most recent renewal’s expiration date, the registration is valid for additional periods of 7 years.
CANCELLATION FOR REMOVAL OF A TRADEMARK IN SEYCHELLES
The law specifies various scenarios that may be used to achieve the cancellation or removal of a trademark from the register.
- Grounds for cancellation for removal of a trademark in Seychelles – If the trademark was registered without any genuine intention to use it in connection with the goods or services and there hasn’t been any genuine use up until the date of the application for cancellation; or if a continuous period of five years or longer has passed during which there hasn’t been any genuine use of the mark; Any of the goods or services that the registered trade mark covers may have the mark removed from the register by the Court or the Registrar.
If it can be proven that the trademark has been used legitimately, the Court or Registrar may decide to reject cancellation. Trademark registration may not be canceled if a non-use of the mark has happened owing to exceptional business circumstances and the non-use was not the result of the owner’s decision to stop using or abandoning the mark.
- Cancellation on the basis that it will not be used in Seychelles
It is a need to use a registered trademark, and if it is not used for five years or more, the registration may be revoked, unless the owner can demonstrate that there were exceptional circumstances that prevented usage.
According to what was previously said, a trademark registration cannot be revoked if the mark has not been used and was not the result of the owner intending to stop using or abandon the mark or unusual conditions in the industry.
- Cancellation on the basis that the Seychelles trademark has become generic
A registered trademark may be declared ineffective if it contains descriptive words, with the following exceptions:
- If the words are widely used in business;
- If the items to which the mark is applied were created using a patent, two years have passed after the patent expired, and the word is required to describe the goods.
- The Registrar may decide that the trademark does not need to be deemed invalid if the descriptive word appears alongside other mark components (in which case, he may order the mark’s owner to give up any exclusive rights in the descriptive portion of the mark).
Reach out to us at Relin Consultants – Leading Global Business Set Up Partners for further assistance with your trademark registration in Seychelles.
What does a trademark mean?
A trademark is a recognizable sign, symbol, or logo that sets one company’s products or services apart from those of rival businesses.
Why should I file a trademark application in the Seychelles?
Trademark registration in the Seychelles gives the owner legal protection and the sole right to use the mark on the particular products or services. It helps in preventing others from making use of a mark that may lead to consumer confusion.
Who may submit an application for a Seychelles trademark registration?
Any person, business, or other legal entity—domestic or foreign—can submit an application for a trademark registration in the Seychelles.
What is the duration of a Seychelles trademark registration?
A trademark in Seychelles is initially valid for ten years from the filing date after it has been registered. It may be extended for additional 10-year terms indefinitely.
Can I claim priority for my Seychelles trademark application?
The Seychelles adheres to the Paris Convention for the Protection of Industrial Property. Within six months of the initial filing date, if you have already submitted a trademark application in another member nation, you may claim priority.