Trademark registration in the Seychelles – A global data analysis |03 August 2023

Registering a trademark is an essential step in building brand recognition and reputation

In an increasingly interconnected world, protecting intellectual property has become paramount for businesses seeking to safeguard their unique identities and brand recognition. As Seychelles NATION delves into the realm of global data analysis, we shed light on a crucial aspect of intellectual property protection and trademark registration in the Seychelles.

Interestingly enough, the Trade Division within the Ministry of Finance, National Planning and Trade and the Registration Division, have shed light on the increase in the number of registrations that have occurred recently, from 365 in 2021 to 641 in 2022.

Based on these findings, potential conclusions that can be drawn include the growing awareness of Intellectual Property importance. The substantial rise in trademark registrations indicates that businesses in Seychelles are becoming more aware of the value and importance of intellectual property protection. Trademarks are recognised as valuable assets that can provide legal exclusivity and safeguard brand identity, leading to a surge in registrations.

In addition, it can also indicate there is an increase in business activity and innovation. The increase in trademark registrations may reflect a vibrant business landscape in Seychelles, with more companies engaged in various economic sectors. This rise could be indicative of an increase in entrepreneurial activity, innovation, and the launch of new products and services.

The Seychelles' Industrial Property Act, 2014 plays a pivotal role in safeguarding intellectual property rights, encompassing trademarks, patents, geographical indications, utility models, layout designs, and integrated circuits. Operating in conjunction with the Industrial Property (Marks) Regulations, the Act offers legal protection to IP owners within Seychelles, ensuring certainty and bolstering their position, particularly in cases of litigation. This territorial protection grants exclusive rights to IP holders within the country, incentivising innovation and research. Moreover, Seychelles’ IP laws align with the TRIPS Agreement of the World Trade Organisation, demonstrating the nation’s commitment to international IP standards and fostering a favourable environment for business and investment.

An intriguing trend has emerged in Seychelles’ trademark registration landscape, revealing a considerable surge in applications from overseas companies, constituting three-quarters of the total received. This influx of international interest signifies Seychelles’ appeal as a preferred destination for securing intellectual property rights on a global scale. Simultaneously, the data also points to a noteworthy rise in national trademark registrations, showcasing a growing emphasis among local businesses on protecting their brands domestically. This dual trend highlights the significance of Seychelles' Industrial Property Act and the Industrial Property (Marks) Regulations in providing a robust framework that attracts foreign companies while encouraging local enterprises to fortify their brand identities in the competitive market. With Seychelles’ IP laws aligning with international standards, the nation continues to be a prime choice for businesses seeking to secure their intellectual assets and thrive in the dynamic world of commerce.

When encroached with what the key benefits or advantages for businesses or individuals in registering their trademarks in the Seychelles? How does it contribute to protecting their intellectual property rights? The sources answered with that trademark rights are paramount intellectual property assets that require steadfast protection against unauthorised use. For both businesses and individuals, the time, energy, and resources invested in creating unique trademarks must be preserved. Securing trademark registration yields a plethora of advantages to shield intellectual property:

Trademark registration offers legal protection and exclusive rights to the mark holder. This ensures that others are prohibited from exploiting similar marks, mitigating the risk of brand identity confusion and unauthorised profiting.

Furthermore, registering a trademark is an essential step in building brand recognition and reputation. It sets a distinct mark holder’s goods or services apart from competitors, nurturing consumer trust, credibility, and loyalty. A solidified brand reputation translates to an enhanced market share.

By granting exclusivity and market presence, trademark registration fortifies a business’ standing within specific goods or services categories. The exclusive right to the mark reduces the likelihood of brand confusion and imitation.

Trademark registration empowers the holder to exercise enforcement and legal remedies against infringement. With a robust legal foundation, the trademark holder can pursue legal action, claim damages, and seek relief in the event of trademark misuse.

Additionally, licensing and monetisation opportunities arise with a registered trademark. Businesses can explore licensing agreements or mark sales to generate revenue, amplifying the brand’s value and fostering potential collaborations.

Beyond national borders, trademark registration aligns with Seychelles’ membership in international treaties like the World Intellectual Property Organisation (WIPO). This grants access to broader international protection, potentially leveraging the WIPO's systems like the Madrid Protocol.

In the realm of trademark registration in Seychelles, applicants generally encounter minimal challenges, owing to a streamlined and straightforward registration process. The authorities ensure that applicants receive comprehensive information during the application filing, facilitating a smooth and hassle-free experience.

However, a potential concern arises during the step of publication, where applicants must approach the Attorney General's office for gazette publication. This office, though within the same department, may create some inconvenience for applicants.

Policy issues surround public awareness and understanding of the significance of trademark registration. Many in the general public remain unaware of the value and processes involved in safeguarding their logos or trademarks. Inadvertently, some businesses choose to advertise in the digital space without registering their trademarks, exposing themselves to risks associated with non-registration.

Confusion persists regarding trademarks already in the public domain or deemed generic versus those exclusively belonging to individuals who have obtained IP rights through registration. Clear communication and education on these distinctions are essential to ensure proper protection of intellectual property.

Moreover, there is a lack of familiarity among the general public concerning the differentiation between trademarks and business names and the critical importance of trademark registration. Raising awareness about these distinctions can empower businesses and individuals to make informed decisions and safeguard their intellectual property effectively.

In conclusion, while Seychelles’ trademark registration process is relatively smooth, addressing public awareness and policy concerns surrounding trademark protection remains pivotal. Through enhanced education and communication, businesses and individuals can better navigate the trademark landscape and secure their creative endeavours for long-term success.

In the pursuit of trademark registration in Seychelles, applicants must be prepared to navigate a waiting period that adds up to an average processing time of two and a half months. This delay primarily results from the mandatory two-month waiting period from the date of gazette publication. During this crucial phase, applicants must patiently await potential oppositions from individuals who claim IP ownership over a similar or identical trademark.

The waiting period serves as a critical safeguard, allowing interested parties to review published trademarks and raise oppositions if necessary. In cases where there are conflicting claims or potential infringement concerns, this period enables resolving disputes and ensuring a fair and just registration process.

Seychelles is actively spearheading initiatives to bolster its trademark registration system and streamline processes, fuelled by strategic collaborations with international organisations. Working closely with the World Intellectual Property Organisation (WIPO) since becoming a member in 2000, and the African Regional Intellectual Property Organisation (ARIPO) since October 2021, Seychelles is dedicated to elevating its trademark registration framework.

The partnership with WIPO and ARIPO promises to yield manifold benefits, primarily in the area of capacity building. Seychelles’ Registration Division will receive invaluable support and training, empowering its staff to handle trademark registration and other intellectual property rights with enhanced proficiency. A one-stop shop for registration of IP rights is found on the ground floor of Independence House.

For foreign applicants seeking trademark protection in Seychelles, they can file an application through a registered IP Agent or directly with the Registration Division, provided they have a physical address in Seychelles.

In the realm of trademark infringement, intellectual property (IP) owners, or their authorised agents, wield the right to initiate legal action against infringers. This power stems from the registration of marks under their enterprises. In cases where infringers fail to prove legitimate procurement from trademark owners or licensees, IP owners or their agents may file infringement claims to safeguard their trademarks.

The Industrial Property Act, 2014 (Act 7 of 2014) reinforces the recourse available to trademark owners through Section 124. This provision empowers the Supreme Court to handle disputes concerning the application of the Act and its regulations, along with matters referred to the Court under this Act.

Moreover, Section 124 (2) enables interested parties to appeal decisions made by the Registrar under the Act. Whether it pertains to patent grants, utility model certificates, industrial design registrations, layout designs, or mark registrations, the Registrar's decisions may be subject to appeal before the Supreme Court. Interested parties must file their appeals within two months from the date of the decision.

The availability of recourse through the Supreme Court provides a legal foundation for IP owners to protect their trademark rights effectively. By seeking redress for infringement, businesses can uphold the integrity of their brands and ensure that unauthorised use of their marks is appropriately addressed.

Sunny Esparon