HSM

Seychelles Trade Mark Guide

Registration
A trade mark can be registered in the Seychelles pursuant to The Industrial Property Act, 2014 (Act 7 of 2014) which provides for local trade mark applications with effect from the date of application.

The following information and documentation is required:

  1. name of the trade mark
  2. 10 copies of the mark (unless mark is word only)
  3. class(es) and specification of goods and/or services
  4. applicant’s name and address
  5. Power of Attorney (notarised)
  6. certified copy of priority document and Declaration (if priority is claimed)

It usually takes about 8-12 months for the Seychelles Intellectual Property Office to process an application for registration. Paris Convention priority can be claimed, as can priority of any country which shares a treaty with the Seychelles. The priority term is from the filing date in the base country. Once the registration is complete the Office will issue a Certificate of Registration.

Classes
The International Classification system is used. Multi-class applications are not allowed. A separate application is required for each class of goods and/or services.

Searches
In order to conduct a search the only documentation required is the name of the trade mark and one copy of the mark (unless mark is word only) or the name of the Proprietor (including past names). The result can usually be provided within five working days.

Renewal
A trade mark registration is valid for 10 years after which it can be renewed for further periods of seven years. Two months before the renewal date we will send you an Expiry Notice asking whether you wish us to renew the registration or allow the mark to lapse. If the registration is to be renewed the only documentation required is one copy of the mark (unless mark is word only) and a Power of Attorney (notarised).

The application for renewal should be filed within six months prior to the expiration date of the registration. A grace period of six months, however, is allowed from the expiration date for the filing of the application for renewal upon payment of a late fee. After that time a new application for registration is required.

It usually takes six months or less for the Office to process an application for renewal. Once the renewal is complete the Office will endorse the Certificate of Registration to evidence the renewal.

If you do not wish to renew the mark please inform us so that we can advise the Office accordingly.

Abandonment
Please inform us as soon as possible if you wish to abandon your trade mark or allow it to lapse so that we can update our records and advise the Office accordingly. This will avoid us sending out unnecessary Reminder Notices.

Assignment
Please inform us as soon as possible if the trade mark has been assigned so that we can file an application to record the assignment in the Seychelles.

To record the assignment of a trade mark registration the only documentation required is either the original Deed of Assignment or a certified copy (notarised) and a Power of Attorney (notarised).

It usually takes six months or less for the Office to process an application to record an assignment. Once the recording is complete the Office will issue a Certificate of Assignment.

Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in the Seychelles.

To record a change of name and/or address for a trade mark registration the only documentation required is either the original document evidencing the change or a certified copy (notarised) and a Power of Attorney (notarised).

It usually takes six months or less for the Office to process an application to record a Change of Particulars. Once the recording is complete the Office will issue a Certificate of Change of Name and/or Address.

Contact

E-mail: ip@hsmoffice.com

Tel: +1 (345) 949-4766

 

Mail:

PO Box 31726, Grand Cayman KY1-1207

Cayman Islands

 

Courier:

HSM, 68 Fort Street, George Town

Grand Cayman, Cayman Islands

MEMBERSHIPS

The firm is a member of INTA, CITMA, AIPLA and IPCA