Seychelles

Trade Mark

Forms part of

No
ARIPO
No
OAPI
No
MADRID
Yes
SERVICE CLASSES
No
NICE CLASSIFICATION
Yes
WELL-KNOWN TRADE MARKS RECOGNISED?

OAPI

ARIPO

International Arrangements

Seychelles is a party to the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.

Classification

Seychelles follows a single class filing system and follows its own system of classification, which closely follows the Nice Classification.

Registration Procedure

The total time from filing to registration is approximately 24 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 2 months from the date of publication.

Common Law and Well-Known Trade Marks

Well-known trade marks in terms of the Paris Convention are recognised in Seychelles.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 7-year periods thereafter.

A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.

Customs Recordal

Customs recordals are possible.

Patent

Forms part of

No
ARIPO
No
OAPI
Yes
PARIS CONVENTION
Yes
PCT

OAPI

ARIPO

International Arrangements

Paris Convention
PCT

Types of patents

National patents

Novelty requirements

Absolute 

Grace period/Prior knowledge

Twelve months

Examination procedure

Formal application (Seychelles Patent Office)
Obligation to submit corresponding foreign search results and application numbers upon request.
Amendment upon application (prior to grant)
Grant and publication.

Duration and maintenance

Duration is twenty years from the date of filing.

Working requirement

Failure to work may form grounds for compulsory licence.

Design

Forms part of

No
ARIPO
No
OAPI
Yes
PARIS CONVENTION

OAPI

ARIPO

International Arrangements

Paris Convention

Novelty requirements

Absolute

Grace period/Prior knowledge

Six months.

Examination procedure

Filing (Seychelles Patent Office)
Formal examination
Grant and publication.

Duration and maintenance

Five years from the filing date of the application for registration which may be extended for a further two consecutive periods of five years on payment of the prescribed fee.

Working requirement

Failure to work may form grounds for compulsory licence.