Details Design Registration Seychellen
Here you can mandate us to obtain design protection in Seychellen. We will prepare and file your design application in Seychellen and inform you about the progress of proceeding.
The design of a product is one of the decisive factors for its market success. It can become an important asset of your company, particularly if it is a bestseller. We protect your design and file a request for a registered industrial design in Seychellen. Our offer includes the fees of the patent office for registration, publication and registration.
A registered industrial design confers an exclusive right on the owner to prevent third parties not having the owner's consent from making, selling, stocking for sale or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design, when such acts are tmdertaken for commercial pmvoses.
An industrial design shall be protected if it is independently created and new.
An industrial design shall be considered new if it has not been disclosed to the public, anywhere in the world, by publication in tangible form or by use or in any other way, prior to the filing date or, where applicable, the priority date of the application for registration. A disclosure to the public of the industrial design shall not be taken into consideration if it occurred within 6 months preceding the filling date or, where applicable, the priority date, of the application, and if it was by reason or in consequence of acts committed by the applicant or his or her predecessor in title or an abuse committed by a third party in relation to the applicant or his or her predecessor in title. An industrial design shall not be considered new solely by reason of the fact that it differs from an earlier industrial design in minor respects or that it concerns a type of product different from a product embodying an earlier industrial design known in and outside of Seychelles.
A registered design right in Seychellen will be established through a registration at the intellectual property office.
The maximum term of protection in Seychellen is 15 years provided the registration is renewed 2 times for periods of 5 years each.
The first term of design protection in Seychellen will be five years calculated from the date of filing. In certain cases the date of filing starts 6 months before the actual application date, namely if an application for an industrial design was filed before in a foreign country but not longer than 6 months before the application in Seychellen and if the priority of this foreign application date for the new application in Seychellen was claimed.
The registered design in Seychellen is an unexamined industrial property right. Neither the office nor we will examine the novelty and individual characteristic of your design. Both, novelty and the individual characteristic of the design, will statutorily be presumed because of the registration. These provisions will optimize your legal position: every third person contesting the registered industrial design has the burden of proof that the design had not been known to the public before the priority date.
If the applicant is not the designer, an assignment from the designer to the applicant must be attached.
Opposition cannot be filed by a third party in Seychellen during registration process.
In Seychellen multiple design application are possible if the multiple designs belong into the identic Locarno class.
For the registration of a design in Seychellen you need:
- the name of your design: (f.e. car fender „ALKU“, Artikel.-No.1234);
- drawings, photographs or other adequate graphic representations of the article embodying the industrial design only; views shall show your design in front of a neutral background, please provide us with black and white pictures or technical drawings reduced to the lines of the design without any further technical information that show the design views from all possible directions (bottom, top, left, right view etc.); please note that the protection will rest on what can be seen in the views only.
- contact details of the client;
- contact details of the to be registered owner of the design right and
- if the registered owner shall be a juristical person we need a copy of the commercial register;
- name of the natural person(s) who created the design; where the applicant is not the creator the request shall be accompanied by a statement justifying the right of the applicant to the registration of the industrial design.
- a short description - if possible - of the product/design, especially if the design has specific characteristics which can not to be seen in the views;
- in case of prior design application in a foreign country please provide a copy of the office letter stating the receipt of the filing, file number and name of the patent office.
If you engage us we will render the following services :
- Preparation of the filing including selection of the classes of goods (Locarno-classification);
- Examination of the images in regard to the formal requirements (we do not review if the design has novelty and individual characteristic);
- requesting additional documents or new images;
- legal advice with regard to the filing process and documents;
- sending the prepared filing details to you for review;
- Filing the application at patent office;
- Representation of the applicant in front of the office;
- Payment of the office fee (application fee, registration fee, publication fee);
- Transmission of office documents as well as the letter confirming the application;
- Legal advice in due time in order to enable you to extend the protection of your design patent to foreign countries by claiming the priority of the prior application;
- Receipt, checking and forwarding of the registration certificate (if available) and a copy of an extract from the register;
- Receipt and transmission of all documents sent from the patent office after the registration;
- docketing and deadline, renewal time monitoring.
Our offer does not include services in regard to oppositions or office actions.
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