Trademarks Law in Seychelles
Here’s an overview of Trademarks Law in Seychelles:
Trademarks Law in Seychelles
Legal Framework
Trademark protection in Seychelles is governed by the Trademarks Act, 2013 (Act No. 18 of 2013).
Seychelles is also a member of several international intellectual property treaties, including:
Paris Convention for the Protection of Industrial Property
Madrid Protocol (Seychelles acceded in 2015)
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Competent Authority
The Seychelles Intellectual Property Office (SIPO) is responsible for trademark registration and administration in Seychelles.
Key Features:
Definition of a Trademark
A trademark is any sign capable of being represented graphically and capable of distinguishing the goods or services of one enterprise from those of others. This includes words, logos, letters, numerals, shapes, colors, sounds, or combinations.
Registration Process
Applications are filed with the Seychelles Intellectual Property Office.
The application must include a representation of the mark, details of the applicant, and the goods/services classification (based on the Nice Classification).
SIPO examines the application for formalities and registrability, including conflicts with existing trademarks.
Accepted trademarks are published in the Official Gazette for a 2-month opposition period.
Duration and Renewal
Trademark registration lasts for 10 years from the filing date.
Registrations may be renewed indefinitely for additional 10-year periods upon payment of renewal fees.
Rights Conferred
Exclusive right to use the trademark in commerce relating to the registered goods or services.
Right to prevent unauthorized use, copying, or imitation of the mark.
Grounds for Refusal
Marks lacking distinctiveness
Marks that are deceptive, contrary to law, or offensive to public order/morality
Confusingly similar to earlier trademarks
Opposition and Cancellation
Third parties can file oppositions within 2 months of publication.
Registered trademarks may be canceled for non-use (after 5 years) or other legal grounds.
Infringement and Enforcement
Trademark infringement may lead to civil and criminal remedies.
The owner can seek injunctions, damages, and destruction of counterfeit goods.
Customs authorities can assist in preventing the import/export of counterfeit goods.
International Protection
Seychelles is a member of the Madrid Protocol, allowing trademark owners to seek international registration designating Seychelles.
Protection under the Paris Convention allows priority rights and reciprocity.
Summary
Seychelles offers a comprehensive trademark registration and protection system through its national law aligned with international IP treaties. The Seychelles Intellectual Property Office handles all registration and enforcement matters.
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