The short answer
Under the Industrial Property Act 2014 a mark is registered for 10 years from the filing date, but the Act then provides renewal for consecutive periods of 7 years. Renew within the 6 months before the due date, with a late period of up to 6 months after and a penalty. Opposition must be filed within 60 days, and a mark unused for 3 uninterrupted years can be removed by the court.
Trademark deadlines in Seychelles at a glance
These rules come from the Industrial Property Act, 2014 (Act No. 7 of 2014, Supplement to the Official Gazette of 28 April 2014), in the English text on WIPO Lex. Fees and forms are in the Regulations, so we confirm them before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years from the filing date (Section 77), then renewable for consecutive periods of 7 years (Section 78). |
| Which date does the term count from? | The filing date of the application for registration (Section 77). |
| When can I renew? | On request of the owner and payment of the prescribed renewal fee, the registration is renewed for consecutive periods of 7 years. The renewal request is made within the 6 months before the due date. At renewal no change may be made to the mark, and goods or services may only be removed (Section 78). |
| Is there a grace period? | Yes. The renewal period ends at the earliest 6 months after the due date, and a request made after the due date needs a penalty set by the Regulations. A mark not renewed in time is cancelled and removed from the register (Section 78). |
| Opposition period | Any interested person can file a written objection stating the grounds within 60 days, in the manner set by the Regulations and on payment of the fee. The Registrar publishes a notice inviting opposition after examination (Section 72). |
| Reply to an office action | If the Registrar finds the conditions are not fulfilled, it refuses the application and notifies the applicant in writing with its reasons. The applicant can respond or appeal. |
| Priority claim | Priority under the Paris Convention is available. We confirm the claim procedure when we file. |
| Non-use | Any interested person may apply to the Court to remove a mark from the register for goods or services for which it was not used by the owner or a licensee for an uninterrupted period of 3 years or more, unless special circumstances prevented use and there was no intention to abandon it (Section 80). |
| Assignment | Transfers and licences of a mark should be recorded in the register. We confirm the formalities under the Regulations. |
Who can register a trademark in Seychelles
A person who uses or intends to use a mark can apply to the Registrar. The Act covers patents, utility models, designs and marks in one Industrial Property Act.
Representation. An applicant who is not domiciled or has no established business in Seychelles generally appoints an agent who is domiciled there. We confirm the exact rule for marks and act as your agent.
Trademark registration process in Seychelles
Search
- Search the the Registrar-General of Seychelles (Registration Division) records for identical or similar marks in your classes.
File the application
- File with the the Registrar-General of Seychelles (Registration Division), through a local agent.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After examination the Registrar publishes a notice inviting opposition in the Gazette, and any interested person can object within 60 days (Section 72).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Registrar-General of Seychelles (Registration Division) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Seychelles trademark validity and renewal
- The first registration lasts 10 years from the filing date.
- Renewal periods are 7 years each.
- Renew in the 6 months before the due date.
- A penalty applies for up to 6 months after.
The Act sets a 10-year first term and 7-year renewals, so diarise both dates.
Assignment, licence and changes to a Seychellois trademark
Renewal
No changes
At renewal no change can be made to the mark, and goods or services can only be removed (Section 78(2)).
Licence
Recordable
Licences can be recorded in the register.
Removal
Non-use
The Court can remove a mark unused for 3 years (Section 80).
Restoration
1 year rule
A mark removed for non-payment of renewal fees is treated as still on the register for one year for other applications (Section 78(8)).
Non-use and cancellation of a Seychellois trademark
A mark not renewed in time is cancelled (Section 78). Any interested person can also apply to the Court to remove a mark for 3 or more uninterrupted years of non-use, unless special circumstances prevented use (Section 80).
Keep dated proof of use in Seychelles: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Seychelles
Search the Seychelles trade mark register and the Official Gazette for publication, registration and renewal dates.
Sources used
- Industrial Property Act, 2014 (Act No. 7 of 2014), Seychelles, English text on WIPO Lex: Sections 72, 77, 78 and 80.
- The Registrar-General for the Regulations, fees and forms.
Seychelles trademark FAQ
How long does a trademark last in Seychelles, and from when?
10 years from the filing date (Section 77), then renewable for consecutive periods of 7 years (Section 78). It counts from the filing date (Section 77).
When should I renew a Seychellois trademark, and is there a grace period?
On request of the owner and payment of the prescribed renewal fee, the registration is renewed for consecutive periods of 7 years. The renewal request is made within the 6 months before the due date. At renewal no change may be made to the mark, and goods or services may only be removed (Section 78).
What is the opposition period in Seychelles?
Any interested person can file a written objection stating the grounds within 60 days, in the manner set by the Regulations and on payment of the fee. The Registrar publishes a notice inviting opposition after examination (Section 72).
How much does it cost to register a trademark in Seychelles?
The official fee is set by the the Registrar-General of Seychelles (Registration Division) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Seychelles?
Yes. A foreign company can register a mark in Seychelles, normally through an agent domiciled in Seychelles. We arrange this.
Can I assign a Seychellois trademark?
Transfers and licences of a mark should be recorded in the register. We confirm the formalities under the Regulations.
Can a Seychellois trademark be cancelled for non-use?
Any interested person may apply to the Court to remove a mark from the register for goods or services for which it was not used by the owner or a licensee for an uninterrupted period of 3 years or more, unless special circumstances prevented use and there was no intention to abandon it (Section 80).
How can I check the status of a Seychellois trademark?
Use the the Registrar-General of Seychelles (Registration Division) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Priority under the Paris Convention is available. We confirm the claim procedure when we file.
How do I change the owner's name or address?
Record the change with the the Registrar-General of Seychelles (Registration Division) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Seychelles
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