Sierra Leone

General Information

• Capital: Freetown
• Population: 5.3 million
• Area: 71 740 km2
• Languages: English - official language
• Exports: Coffee; cocoa beans; diamonds; rutile; fish
• Imports: Machinery; transport equipment; foodstuffs; fuel and lubricants
• Currency: Leone

Trade Marks

International Conventions

WIPO, WTO, Paris Union, Madrid Agreement.

Requirements for Application

(a) Power of attorney, simply signed.
(b) Ten prints of the trade mark - device marks.
(c) A certified copy of a UK registration can be called for if application is made for cotton goods.

Classification

Follows the pre-1938 United Kingdom classification of 50 goods classes. A separate application is required for each class.

Procedure

Applications are examined as to inherent registrability and conflict with prior registrations/pending applications.

Opposition

Opposition may be lodged within three months following the date of advertisement of the application.

Extension of the opposition period is possible at the discretion of the Registrar. 

Use

Registration may be cancelled if the trade mark was registered without any bona fide intention to use the trade mark and there has, in fact, been no bona fide use of the trade mark up to the date one month before the date of the application for cancellation.

Registration may also be cancelled if there has been no bona fide use of the trade mark for a continuous period of five years and one month up to date of application for cancellation. 

Duration and Renewal

A trade mark registration is effective for an initial period of fourteen years and, thereafter, renewable for like periods.

Licensing/Registered Users

Although no express licensing provisions exist in the Sierra Leone act, where registrations are based on existing UK rights which have registered user appointments, such recordals can also be extended to Sierra Leone.

Assignments

Assignments must be made with goodwill and it is necessary to refer to goodwill in the deed.

Requirements

(a) Deed of assignment;
(b) Power of attorney from the assignee.

Marking of Goods

Notice of registration by use of the legend ‘Registered Trade Mark’ or suitable abbreviation (eg. ‘Regd. Tm.’) or symbol ® optional.

Canned goods, foodstuffs and pharmaceuticals must be labelled to show the net weight or quantity of contents and the country of origin. Liquid contents of beverages must be shown. Textiles must be marked with yardage and width.

Patents

General

It is possible to obtain patent protection in Sierra Leone by way of confirmation of a United Kingdom patent or by confirmation of European patent which has been extended to the United Kingdom or by way of an ARIPO application designating Sierra Leone. Draft laws exist but have not yet been passed in Sierra Leone to provide for filing national applications. Sierra Leone is a member of the International Convention, ARIPO, WTO and PCT (however, Sierra Leone has not formally ratified the Treaty). PCT based national phase applications are being accepted but remain dormant pending implementation of the new legislation.

Patentable Subject Matter

In the absence of legislation for national applications, the requirements for patentable Subject Matter are not known.

Filing Requirements

Neither legalization nor notarisation of any document is required. A specification in English is needed for a PCT based national phase application and a certified copy of the UK Letters Patent for confirmation of a UK registration.

Novelty

An application for confirmation of a UK patent must be made within three years from the date of issue of the UK patent.

Examination

The application is subjected to formal Examination only.

Duration/Maintenance

A patent obtained as confirmation of a UK patent remains in force for the period for which the UK patent remains in force, subject to the payment of renewal fees on the U K Patent. The term of any national filing is not known in the absence of legislation.

Working

Not required.

Licences/Assignments

In order to be effective against third parties, Assignments and Licences should be recorded.