Sierra Leone

Trade Mark

Forms part of

No
ARIPO
No
OAPI
No
MADRID
Yes
SERVICE CLASSES
No
NICE CLASSIFICATION
Yes
WELL-KNOWN TRADE MARKS RECOGNISED?

OAPI

ARIPO

International Arrangements

Sierra Leone is a party to the Madrid System for International Registration of trade marks and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.

Although Sierra Leone is a signatory to the Madrid System it has not amended its national legislation to give effect to the provisions of the Madrid system and it is therefore questionable whether international registrations designating Sierra Leone are enforceable in Sierra Leone.

Classification

Sierra Leone follows a single class filing system in terms of the old British 50 class classification. Registration of service is currently not possible.

Sierra Leone has passed legislation adopting the Nice Classification and providing for the registration of service marks but the legislation is not yet in effect.

Registration Procedure

The total time from filing to registration is approximately 24 months. Trade mark applications are examined for compliance with formal requirements only and are published in the official gazette after acceptance. Trade marks may be opposed within 3 months from the date of publication.

Common Law and Well-Known Trade Marks

Well-known trade marks in terms of the Paris Convention are not recognised in Sierra Leone.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 14 years from the date of filing and may be renewed indefinitely for 14-year periods thereafter.

A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.

Customs Recordal

Customs recordals are possible.

Patent

Forms part of

Yes
ARIPO
No
OAPI
Yes
PARIS CONVENTION
Yes
PCT

OAPI

ARIPO

International Arrangements

ARIPO
Paris Convention
PCT

Types of patents

ARIPO patents
National patents

Novelty requirements

Absolute

Grace period/Prior knowledge

Twelve months

Examination procedure

Formal examination (Sierra Leone Industrial Property Office)
Search and examination (ARIPO)
International-type search upon request.
Obligation to submit documents cited in corresponding search reports upon request.
Grant

Duration and maintenance

Duration is twenty years from the date of filing.
Annual maintenance.

Working requirement

Within four years of filing or three years from grant (whichever period ends later), failing which patent may become subject to grant of compulsory licence.

Design

Forms part of

Yes
ARIPO
No
OAPI
Yes
PARIS CONVENTION

OAPI

ARIPO

International Arrangements

Paris Convention

Novelty requirements

Absolute.

Grace period/Prior knowledge

None specified.

Examination procedure

Filing (Registrar)
Search (IPI)
Formal examination
Registration

Duration and maintenance

Five years from filing date, twice renewable for additional five-year terms, for a duration of fifteen years.

Working requirement

No.