HOW TO REGISTER A TRADE MARK
For more information on ARIPO Trade Mark Registrations click here.
1. The requirements for applications filed directly in Sierra Leone are as follows:
- Full name, street address and description of the applicant (including trading style, if any, and state/ country of incorporation, if incorporated).
- List of goods.
- A simply signed power of attorney.
- Clear print of the device mark.
- A certified copy of the British registration if the mark relates to cotton goods falling in classes 23, 24 and 25.
- Pre- 1938 UK Classification System followed - updated August 2018
We wish to confirm that Trade Marks Act No.8 of 2014 has in fact come into force having been ratified by Local Statute. This new Local Act incorporates in whole the 9th Edition of the Nice classification. This now makes it possible to file application for service classes and not merely goods classes as hitherto under the Old British classification in this country.
- However it has not yet been formally promulgated by the Government because of the pressure on the facilitating government printers in respect of the production of the gazette.
- Publication of the Gazette will occur, as soon as it is possible.
- The Sierra Leone Registry is currently accepting applications for registration both filed under Trade Marks Act No.8 of 2014 and under the Pre-1938 classification (Old UK classes) simultaneously.
- Please note that although the new Act was promulgated in 2014, it actually came into force in August 2018. It is on the latter date that the Sierra Leone Registry decided to accept applications from registrants.
Multi-class - No
- Duration: 14 years from date of application and renewal for further periods of 14 years.
Use: If a registered trade mark has not been used for a continuous period of 5 years, it may be expunged.
Marking: Not required, but advised.
Assignments: Applications permitted, but only with the goodwill of the business concerned.
Searches are Not recommended due to inaccuracy of the records as well as extreme time delays in receiving results from TMO.
4. Costs USD
- a) Application: First trade mark $1230.00; additional marks filed simultaneously $1100.00 each.
b) Publication fees: $180.00 per mark.
c) Registration fees: $190.00 per mark.
- Assignment: Fist trade mark $690.00, additional marks filed simultaneously $390.00 each.
- Change of name or address: First trade mark $490.00, additional trade marks filed simultaneously $310.00 each.
- Renewal: First class $1050.00, additional marks renewed simultaneously $990.00 each.
- Search: From $690.00 per class - Not recommended.
* Please note that the application fee covers the filing costs and normal prosecution of the application only. Additional costs could well arise upon examination of the application which are difficult to estimate as it would depend on the various requirements raised by the Registrar i.e. disclaimers, admissions etc.
** Please further note that publication and registration fees are dependable on the year in which the mark reaches publication/ registration.
*** Above quotations exclude courier charges.
HOW TO REGISTER A PATENT OR DESIGN
In our experience, it is better to file an ARIPO regional application designating at least Sierra Leone rather than a national application directly in Sierra Leone. The main reason for our opinion is that ARIPO is run by WIPO and, accordingly, operates much more efficiently than the Sierra Leone Patent and Design Offices. Furthermore, the cost of filing an ARIPO application designating only Sierra Leone is about the same as the cost of filing a national application directly in Sierra Leone. A further benefit of the ARIPO route is that it is possible to designate other ARIPO member countries by paying additional designation fees at a relatively nominal surcharge.
For more information on ARIPO Patent Registrations click here.
For more information on ARIPO Design Registrations click here.