Trademarks Law in Sierra Leone

30 May 2025 --
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Trademark law in Sierra Leone is governed by the Trade Marks Act No. 8 of 2014, which modernised the country's intellectual property framework. This Act replaced the outdated Trade Marks Act of 1960 and introduced provisions aligned with international standards, including the Nice Classification and recognition of service marks.

🇸🇱 Key Features of Sierra Leone's Trademark Law

1. Trademark Registration Process

Application Filing: Local applicants can file directly with the Office of the Administrator and Registrar General (OARG). Foreign applicants must appoint a local legal practitioner and execute a simply signed Power of Attorney. A preliminary trademark search is advisable to ensure the proposed mark does not conflict with existing registrations.

Required Documents:

Power of Attorney (if applicable)

Proof of payment of official fees

At least three representations of the trademark

Classification of goods/services as per the Nice Classification

Examination & Publication: The OARG examines the application for compliance and publishes it in the official Gazette. There is a 90-day opposition period during which third parties can challenge the registration.

Registration Certificate: Upon successful examination and absence of opposition, a registration certificate is issued. However, due to administrative delays, issuance may take 1 to 2 years.

2. Duration and Renewal

Initial Protection: Trademark registrations are valid for 10 years from the filing date.

Renewal: Registrations can be renewed indefinitely for successive 10-year periods. Renewal applications should be filed 6 months before expiration, with a 6-month grace period available.

3. Use Requirement and Cancellation

A registered trademark may be subject to cancellation if it has not been used for 5 consecutive years. This provision ensures that trademarks remain active and are not held indefinitely without use.

4. International Treaties and Classifications

Paris Convention: Sierra Leone is a member, allowing applicants to claim priority rights for applications filed in other member countries within six months.

Madrid Protocol: While Sierra Leone is a signatory, the national legislation has not been amended to fully implement the Madrid System. Consequently, international registrations designating Sierra Leone may not be enforceable.

Nice Classification: The country follows the 10th edition of the Nice Classification for goods and services. However, only single-class applications are accepted; multi-class filings are not permitted.

5. Enforcement and Legal Remedies

Trademark infringement is addressed under the Trade Marks Act, which includes provisions for:

Civil Actions: Trademark owners can initiate legal proceedings for infringement.

Criminal Offenses: Certain acts of infringement may constitute criminal offenses, subject to penalties.

Unfair Competition: The Act prohibits acts of unfair competition and false trade descriptions.

While the Act provides a legal framework for enforcement, practical challenges such as limited resources and capacity may affect the effectiveness of enforcement actions. (