Registering a trademark with the Seychelles Registration Office takes about 6–12 months if there are no oppositions or errors in the application. Complex cases, such as those involving oppositions, may take up to 18 months.
The deadline for filing an opposition is 60 days from the publication of the application in the Seychelles Official Gazette.
In Seychelles, you can register word marks, figurative marks, combined marks, and certification marks, provided they are distinctive. Marks contrary to public morality, religious values, or state symbols are prohibited.
The certificate is valid for 7 years from the registration date and can be renewed indefinitely every 7 years.
The owner has the exclusive right to use the mark commercially in Seychelles, prohibit others from using similar marks, and transfer or license the trademark rights.
The filing fee is approximately $300–500 for one class of goods or services, including registration and publication fees. Additional costs may include legal services or fees for extra classes.
Use of the trademark is not mandatory, but non-use for 5 consecutive years after registration may lead to cancellation upon third-party request, as per the Trademarks Act.
If the trademark is not renewed within 7 years from the registration date, the registration is canceled. Reinstatement is possible within 6 months after the deadline by paying an additional fee.
Seychelles, an archipelago in the Indian Ocean, offers a strategic location and a growing economy, making it an attractive destination for businesses seeking to expand their brand presence. Registering a trademark in Seychelles not only provides legal protection but also enhances your brand's value and credibility.
1. Protection Against Imitation and Unfair Competition
Registering your trademark in Seychelles grants you exclusive rights to use your mark within the country. This legal protection helps prevent others from using identical or confusingly similar marks, safeguarding your brand's reputation and market position.
2. Exclusive Right to Use Your Brand
A registered trademark gives you the sole right to use your brand in relation to the goods or services for which it is registered. This exclusivity is vital for maintaining brand integrity and consumer trust.
3. Enhancing Company and Brand Value
A registered trademark is an intangible asset that can increase your company's value. It can be licensed, franchised, or used as collateral, providing opportunities for revenue generation and business expansion.
4. Licensing and Franchising Opportunities
With a registered trademark, you can enter into licensing or franchising agreements, allowing others to use your brand under specified conditions. This can lead to increased market reach and additional income streams.
5. Legal Advantage in Trademark Disputes
In case of disputes, having a registered trademark provides a legal presumption of ownership and exclusive rights, making it easier to enforce your rights in court.
1. Trademark Search
Before applying, conduct a trademark search to ensure your desired mark is not already registered or pending registration. This step helps avoid potential conflicts and rejections.
2. Filing the Application
Submit your trademark application to the Seychelles Intellectual Property Office (IPO), located at:
Registrar General's Office
Independence House
P.O. Box 142
Victoria, Mahé
Seychelles
The application must include:
A clear representation of the trademark
A list of goods and services (classified according to the Nice Classification)
Applicant’s details (name, address, nationality)
Power of Attorney (if filed through an agent)
Certified copy of priority documents (if claiming priority)
3. Examination
The IPO examines the application to ensure it complies with legal requirements. If the application meets all criteria, it proceeds to the next stage.
4. Publication and Opposition Period
Once examined, the trademark is published in the Official Gazette. There is a 60-day opposition period during which third parties can challenge the registration.
5. Registration
If no oppositions are filed or if oppositions are resolved in your favor, the trademark is registered, and a certificate of registration is issued.
Initial Registration: Valid for 10 years from the filing date.
Renewal: Renewable indefinitely for periods of 7 years.
Grace Period: A 6-month grace period is allowed for late renewal, subject to payment of a renewal fee.
Navigating the trademark registration process can be complex. Engaging with professionals ensures:
Proper classification of goods and services
Accurate and complete application submission
Timely responses to any oppositions or objections
Compliance with all legal requirements
ProfitMark offers comprehensive trademark registration services in Seychelles, including:
Conducting trademark searches
Preparing and filing applications
Representing you before the IPO
Handling oppositions and disputes
Managing renewals and other post-registration matters
With over 13 years of experience and a team of international experts, ProfitMark provides a professional and efficient service, ensuring your brand is protected.
Registering your trademark in Seychelles is a strategic move to protect your brand and expand your business in the region. With its growing economy and favorable legal framework, Seychelles offers a conducive environment for brand protection. Partnering with professionals like ProfitMark ensures a smooth and successful registration process, allowing you to focus on growing your business with confidence.
For more information or to begin the registration process, contact ProfitMark today.