This Decree was repealed on 2015-03-01 by Industrial Property Act, 2014.
Seychelles
Trade Marks Decree
Chapter 239
- Commenced on 4 January 1978
- [This is the version of this document at 1 December 2014.]
- [Repealed by Industrial Property Act, 2014 (Act 7 of 2014) on 1 March 2015]
Part I – Preliminary
1. Citation
This Decree may be cited as the Trade Marks Decree.2. Commencement
This Decree shall come into operation on such date as the President may, by order, appoint.3. Interpretation
Part II – Registration and other substantive provisions
Division 1 - The Register
4. Register of Trade Marks
5. Registration to be in respect of particular goods
6. Rights given by registration
The rights given by registration in the Register shall be as provided in the First Schedule and the provisions of that Schedule shall apply in relation to any infringement of those rights.Division 2 - Registration
7. Distinctiveness requisites for registration
8. Prohibition of registration of deceptive, etc., matter
It shall not be lawful to register as a trade mark or part of a trade mark any matter the use of which would by reason of its being likely to deceive or cause confusion or otherwise, be disentitled to protection in a court or would be contrary to law or morality, or any scandalous design.9. Prohibition of registration of identical and resembling trade marks
10. Registration subject to disclaimer
If a trade mark—11. Words used as name or description of an article or substance or services
12. Effect of limitation as to colour, and of absence thereof
Division 3 - Procedure for and duration of registration
13. Application for registration
14. Opposition to registration
15. Registration
16. Registration to be conclusive as to validity after 7 years
17. Duration and renewal of registration
18. Registration of part of trade mark and of trade marks as a series
Division 4 - Assignment and transmission
19. Powers of, and restrictions on assignment and transmission
20. Certain trade marks to be associated so as to be assignable and transmissable as a whole only
21. Power of registered proprietor to assign and give receipts
Subject to the provisions of this Decree, the person for the time being entered in the Register as proprietor of a trade mark shall, subject to any rights appearing from the Register to be vested in any other person, have power to assign the trade mark, and to give effectual receipts for any consideration for an assignment thereof.22. Registration of assignments and transmission
Division 5 - Use and non-use
23. Renewal from Register and imposition of limitations on ground of non-use
24. Defensive registration of well known trade marks
25. Registered users
26. Proposed use of trade mark by corporation to be constituted, etc
27. Use of one associated or substantially identical trade marks equivalent to use of another
28. Use of trade mark for export or provision of services outside Seychelles
The application in Seychelles of trade mark to goods to be exported (or services to be provided outside Seychelles) and any other act done in Seychelles in relation to goods to be so exported or services to be provided outside Seychelles which, if done in Seychelles, would constitute use of the trade mark in relation to those goods (or services) for any purpose for which such use is material under this Decree or otherwise.Division 6 - Rectification and correction of Register
29. General power to rectify entries in Register
30. Power to expunge or vary registration for breach of condition
On application by any person aggrieved to the Court, or at the option of the applicant and subject to the provisions of section 46, to the Registrar, or on application by the Registrar to the Court, the Court or the Registrar may make such order as the Court or the Registrar may think fit for expunging or varying the registration of a trade mark on the ground of any contravention of, or failure to observe, a condition entered on the Register in relation thereto.31. Correction of Register
32. Alteration of registered trade mark
33. Adaptation of entries in Register to amended or substituted classification of goods or services
Division 7 - Certification trade marks
34. Certification trade marks
Part III – General
Division 1 - Regulations and fees
35. Power of Minister to make regulations
Division 2 - Powers and duties of Registrar
36. Preliminary advice by Registrar as to distinctiveness
37. Hearing before exercise of Registrar's discretion
Where any discretionary or other power is given to the Registrar by this Decree or the rules, he shall not exercise that power adversely to the applicant for registration or the registered proprietor of the trade mark in question without (if duly required so to do within the prescribed time) giving to the applicant or registered proprietor an opportunity of being heard.38. Power of Registrar to award costs
Division 3 - Legal proceedings and appeals
39. Registration to be prima facie evidence of validity
In all legal proceedings relating to a registered trade mark (including application under section 27) the fact that a person is registered as proprietor of the trade mark shall be prima facie evidence of the validity of the original registration of the trade mark and of all subsequent assignment and transmission thereof.40. Certificate of validity
In any legal proceeding in which the validity of the registration of a registered trade mark come into question and is decided in favour of the proprietor of the trade mark, the Court may certify to that effect, and if it so certifies then in any subsequent legal proceeding in which the validity of the registration comes into question the proprietor of the trade mark on obtaining a final order or judgement in his favour shall have his full costs, charges and expenses as between attorney and client, unless in the subsequent proceeding the Court certifies that he ought not to have them.41. Costs of Registrar in proceedings before Court, and payments of costs by Registrar
In all proceedings before the Court under this Decree the costs of the Registrar shall be in the discretion of the Court, but the Registrar shall not be ordered to pay costs of any of the parties.42. Trade usage, etc., to be considered
In any action or proceedings relating to a trade mark or business name, the Court or the Registrar, as the case may be, shall admit evidence of the usages of the trade concerned and of any relevant trade mark or trade name or get-up legitimately used by the Court.43. Registrar's appearance in proceedings involving rectification
44. Court's power to review Registrar's decision
The Court, in dealing with any question of the rectification of the Registrar (including all application under the provisions of section 17) shall have power to review any decision of the Registrar relating to the entry in question or the correction sought45. Discretion of Court in appeals
In any appeal from a decision of the Registrar to the Court under this Decree, the Court shall have and exercise the same discretionary powers under this Decree as are conferred upon the Registrar.46. Procedure in cases of option to apply to Court or Registrar
Where under any of the foregoing provisions of this Decree an applicant has an option to make an application either to the Court or to the Registrar—Division 4 - Evidence
47. Mode of giving evidence
48. Evidence of entries in Register
49. Evidence of things done by Registrar
A certificate purporting to be under the hand of the Registrar as to any entry, matter or thing that he is authorised by this Decree or the rules to make or do shall be prima facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or not done.Division 5 - Offence
50. Falsification of entries in Register
If any person makes or causes to be made a false entry in the Register, or a writing falsely purporting to be a copy of an entry in the Register, or produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false, he shall be guilty of an offence and liable to imprisonment for a term of not exceeding five years or to a fine not exceeding ten thousand rupees, or to both.51. Fine for falsely representing a trade mark as registered
Part IV – Miscellaneous
52. Change of form of trade correction not to be deemed to cause deception
The use of a registered trade mark in relation to goods (or services) which and the person using it any form of connection in the course of trade subsists shall not be deemed to be likely to cause deception or confusion on the ground only that the trade mark has been, or is, used in relation to goods (or services) between which and that person or a predecessor in title of his a different form of connection in the course of subsisted or subsists.53. Jointly owned trade marks
54. Trusts
There shall not be entered in the Register any notice of any such notice be receivable by the Registrar.55. Recognition of agents
The President may make regulations with respect to trade mark agents, including regulations with respect to—56. Address for service
When an applicant for the registration of a trade mark or an agent does not reside or carry on business in Seychelles, he shall give the Registrar an address for service in Seychelles, and if he fails to do so the Registrar may refuse to proceed with the application until such address has been given.57. Transitional provisions and savings
The transitional provisions and savings set out in the Third Schedule shall have effect with respect to the matters therein mentioned.History of this document
01 March 2015
Repealed by
Industrial Property Act, 2014
01 December 2014 this version
Consolidation
04 January 1978
Commenced