SIERRA LEONE TRADE MARKS REGULATIONS, 2024 NOW IN FORCE

The Trade Marks Regulations, 2024 have officially come into force in Sierra Leone following its publication as Statutory Instrument No. 19 of 2024.

The new regulations are intended to establish a comprehensive procedural framework governing trade mark practice in Sierra Leone, ensuring clarity and certainty in relation to national and international filings, enforcement mechanisms, and administrative processes before the Registry.

KEY DEVELOPMENTS FOR BRAND OWNERS AND PRACTIONERS

1. Introduction of prescribed statutory forms

   All trade mark-related actions must now be filed using the prescribed statutory forms set out in the Regulations. These include, inter alia, forms relating to:

   • New trade mark applications
   • Opposition and counter-statement proceedings
   • Renewals and restoration of registrations
   • Assignments, transmissions, and other recordals
   • Invalidation and non-use cancellation proceedings

   Applications that do not comply with the prescribed format may be rejected by the Registry, rendering formal compliance essential.

2. Defined procedural timelines

   The Regulations introduce clearer and more structured timelines governing various stages of trade mark prosecution and administration, including:

   • Examination and acceptance of applications
   • Opposition and counter-statement procedures
   • Renewal, restoration, and reinstatement of lapsed rights
   • Appeals and discretionary hearings before the Registrar

   While this brings greater certainty and predictability, it places increased emphasis on strict adherence to deadlines in order to avoid the loss of rights.

3. Implementation of the Madrid Protocol

   Notably, the Regulations provide clarity on Madrid Protocol procedures, for international registrations originating from, and designating, Sierra Leone.

   The framework addresses examination procedures, provisional refusals, opposition mechanisms, statements of grant of protection, replacement of national registrations, and the transformation of international registrations following cancellation.

   Notwithstanding this legislative development, practical concerns remain. The effective operation of procedures relating to international trade marks depends on the full automation and administrative readiness of the Trade Marks Registry, including the maintenance of accurate electronic records and the timely exchange of information with WIPO.

   Until such systems and procedures are fully operational and tested in practice, it is our view that national trade mark applications remain the safest and most reliable route for securing protection in Sierra Leone.

4. Updated fees and administrative practices

   The Regulations are accompanied by a revised fee schedule and updated administrative practices. These include guidance on extensions of time, evidentiary requirements, hearings, and the correction of procedural irregularities.

Conclusion

The enactment of the Trade Marks Regulations, 2024 represents a significant modernisation of the trade mark practice in Sierra Leone. While the new framework enhances certainty, efficiency, and international alignment, it also requires heightened attention to procedural compliance.

Tshireletso Tlholoe

Associate | Attorney

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Femke van Dyk

Partner | Trade Mark Attorney

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