The short answer
Under the Trade Marks Act 2014 (Act No. 8 of 2014), registration lasts 10 years from the filing date and renews for consecutive periods of 10 years, with a 6-month grace period and a surcharge. Opposition is open for 3 months from publication, extendable up to 9 months. An applicant based outside Sierra Leone must be represented by a legal practitioner resident and practising there.
Trademark deadlines in Sierra Leone at a glance
These rules come from the Trade Marks Act, 2014 (Act No. 8 of 2014) in the English text on WIPO Lex. The prescribed period for opposition, fees and forms are set by regulation, so we confirm them before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years from the filing date, renewable for consecutive periods of 10 years (Sections 10 and 11). |
| Which date does the term count from? | The filing date of the application for registration (Section 10). |
| When can I renew? | Request renewal on payment of the prescribed renewal fee for consecutive 10-year periods (Section 11(1)). |
| Is there a grace period? | Yes. A 6-month grace period is allowed for late payment of the renewal fee on payment of the prescribed surcharge (Section 11(2)). |
| Opposition period | A person can file notice of opposition within 3 months of publication of the application in the Gazette, or such further time, not exceeding 9 months in all, as the Registrar allows. The applicant then answers, and the Registrar decides (Section 6). |
| Reply to an office action | The Registrar checks that the requirements are met before publication, and tells the applicant of any problem. The applicant can reply and, where needed, appeal. |
| Priority claim | The period of priority for trademarks is six months (the priority provisions of the Act). |
| Non-use | An interested person can ask the Registrar to remove a mark from the register if it was not used by the owner or a licensee for any of the registered goods or services for a continuous period of five years or longer, unless special circumstances prevented use and there was no intention to abandon the mark (Section 14). |
| Assignment | A change in ownership of a mark must be filed with the Registrar. A licence contract is not valid against third parties until it is filed with the Registrar (Sections 15 and 16). |
Who can register a trademark in Sierra Leone
A person can apply to the Registrar to register a mark. The Registrar checks the application and publishes it in the Gazette for opposition (Section 6).
Representation. If the ordinary residence or principal place of business of an applicant is outside Sierra Leone, the applicant must be represented by a legal practitioner resident and practising in Sierra Leone (Section 17).
Trademark registration process in Sierra Leone
Search
- Search the the Office of the Administrator and Registrar-General of Sierra Leone records for identical or similar marks in your classes.
File the application
- File with the the Office of the Administrator and Registrar-General of Sierra Leone, through a Sierra Leone legal practitioner.
- 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 publication in the Gazette, any person can oppose within 3 months, extendable by the Registrar up to 9 months in all (Section 6).
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 Office of the Administrator and Registrar-General of Sierra Leone 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.
Sierra Leone trademark validity and renewal
- A registration lasts 10 years from the filing date.
- Renew for consecutive 10-year periods.
- A 6-month grace period costs a surcharge.
- Use the mark to avoid removal after 5 years of non-use.
Diarise the expiry from the filing date, not the date of the certificate.
Assignment, licence and changes to a Sierra Leonean trademark
Ownership
File the change
File a change in ownership with the Registrar (Section 15).
Licence
File it
A licence is not valid against third parties until filed (Section 16).
Invalidation
Tribunal
The Tribunal invalidates a registration on the grounds in the Act (Section 12).
Removal
Non-use
The Registrar can remove a mark unused for 5 years (Section 14).
Non-use and cancellation of a Sierra Leonean trademark
The Tribunal invalidates a registration where the Act's grounds are proved (Section 12). An interested person can ask the Registrar to remove a mark that has not been used for five continuous years or longer, unless special circumstances prevented use (Section 14).
Keep dated proof of use in Sierra Leone: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Sierra Leone
Search the register at the Office of the Administrator and Registrar-General and read the Gazette for publication, registration and renewal dates.
Sources used
- The Trade Marks Act, 2014 (Act No. 8 of 2014), Sierra Leone, English text on WIPO Lex: Sections 6, 10 to 12, 14 to 17.
- The Registrar for regulations, fees and forms.
Sierra Leone trademark FAQ
How long does a trademark last in Sierra Leone, and from when?
10 years from the filing date, renewable for consecutive periods of 10 years (Sections 10 and 11). It counts from the filing date (Section 10).
When should I renew a Sierra Leonean trademark, and is there a grace period?
Request renewal on payment of the prescribed renewal fee for consecutive 10-year periods (Section 11(1)).
What is the opposition period in Sierra Leone?
A person can file notice of opposition within 3 months of publication of the application in the Gazette, or such further time, not exceeding 9 months in all, as the Registrar allows. The applicant then answers, and the Registrar decides (Section 6).
How much does it cost to register a trademark in Sierra Leone?
The official fee is set by the the Office of the Administrator and Registrar-General of Sierra Leone 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 Sierra Leone?
Yes, but a foreign applicant must be represented by a legal practitioner resident and practising in Sierra Leone (Section 17). We arrange this.
Can I assign a Sierra Leonean trademark?
A change in ownership of a mark must be filed with the Registrar. A licence contract is not valid against third parties until it is filed with the Registrar (Sections 15 and 16).
Can a Sierra Leonean trademark be cancelled for non-use?
An interested person can ask the Registrar to remove a mark from the register if it was not used by the owner or a licensee for any of the registered goods or services for a continuous period of five years or longer, unless special circumstances prevented use and there was no intention to abandon the mark (Section 14).
How can I check the status of a Sierra Leonean trademark?
Use the the Office of the Administrator and Registrar-General of Sierra Leone register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
The period of priority for trademarks is six months (the priority provisions of the Act).
How do I change the owner's name or address?
Record the change with the the Office of the Administrator and Registrar-General of Sierra Leone so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Sierra Leone
SUPREMEiP® files trademarks worldwide through its network and checks every Sierra Leonean deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
