Seychelles Trade Marks & Patents 

Seychelles Trade Marks 

Seychelles is a first to file country and whomever first files a particular trade mark gets the rightsSeychelles recognises the goods and services classes from the Nice Classification and allows for multi-class filing. Seychelles trade marks are valid for 7 years from the filing date and renewable for further periods of 14 years.

Seychelles is a member of the Madrid Protocol treaty which offers international trade mark filing, registration and maintenance. A single application in Seychelles can be applied to multiple jurisdictions so long as those countries are members of the Madrid Protocol. Seychelles is a member of the Paris Convention where each contracting state must grant the same IP protection to nationals of other contracting states. The Paris Convention provides for the right of priority in the case of patents, trade marks and designs.

Smit & Van Wyk IP lawyers and Africa agents deal exclusively with trade mark law in most African countries, including Seychelles trade marks. Our fields of practice encompass all aspects relating to trade mark applications, renewals and protection. Our services includes trade mark searches, prosecution, maintenance and enforcement, but more specifically:

(1) Providing advice on the registrability, selection, use and retention of trade marks;
(2) Preparing and prosecuting trade mark applications;
(3) Helping clients license or franchise their rights;
(4) Handling of trade mark maintenance including payment of renewal fees and recording amendments.

Seychelles Patents & Designs

Seychelles patents have a duration of 20 years from the filing date with no possible extensions. Seychelles is a member of  the Patent Cooperation treaty (PCT) which provides a unified procedure for filing patents applications in each of its contracting states. A patent application filed under the PCT is called an international application or PCT application.

The patent lawyers at Smit & Van Wyk deal exclusively with patent law including all aspects related to filing patents, PCT national phase applications and industrial designs in most African countries, including Seychelles. Our dedicated team of patent lawyers include engineers and scientists. We provide a wide range of patent-related services across multiple industries and fields of technologies, including patent drafting, filing, prosecution:

(1) We prepare and prosecute patent and design applications;
(2) Advise on the patentability of inventions;
(3) Help clients license, franchise or assign their rights;
(4) Conduct patent searches;
(5) Handle the payment of maintenance fees;
(6) Record amendments to a patent and translate patent specifications into local Languages to maintain the clients rights.

Seychelles designs have a term of 5 years from date of filing, with possible extensions of 2 further terms of 5 years each. 

Seychelles Trade Marks & Patents

Patents

Paris Convention
PCT

Types of Patents: 
Patents of Invention

Non-PCT Filing Requirements:

  • Power of Attorney, notarised (must be filed within 2 months of the filing date)
  • Specification, claims, drawings and abstract with English translation (required upon filing)
  • Deed of assignment (can be late filed)
  • Certified copy of the priority document (if applicable) with verified English translation (can be late filed) 

Duration and Renewal:
The patent has a duration of 20 years from date of filing. Annual renewal fees are payable from the first anniversary of the filing date.

Designs

Paris Convention

Types of Designs:
Industrial Design

Filing Requirements:

  • Power of Attorney, notarised (must be filed within 2 months of the filing date)
  • Drawings or photographs of the design (required upon filing)
  • A statement indicating the kind of products for which the design is to be used
  • Certified copy of priority document (if applicable) (can be late filed)
  • Sworn English translation of the Priority Document if not in English (can be late filed)
  • Deed of assignment (can be late filed)

Duration and Renewal:
The design has an initial term of 5 years from date of filing, with possible extensions of 2 further terms of 5 years each. 

Trade Marks

Paris Convention
Nice Classification

Types of Marks:
Goods and services
Certification marks
Collective marks
Defensive marks
Series marks 

Filing Requirements:

  • Power of Attorney, notarised
  • Details of the Applicant (full names, physical address, nationality/country of incorporation)
  • Representation of the trade mark(s)
  • List of goods and/or services
  • Certified copy of priority document (if applicable)

Classification:
The Nice Classification of Goods and Services is followed. Multi-class applications are possible.

Duration/Renewals:
7 years from filing date and renewable every 14 years.