Sao Tome and Principe

Trade Mark

Forms part of

Yes
ARIPO
No
OAPI
Yes
MADRID

But Enforceability Questionable

Yes
SERVICE CLASSES
NA
NICE CLASSIFICATION

10th edition

Yes
WELL-KNOWN TRADE MARKS RECOGNISED?

OAPI

ARIPO

International Arrangements

São Tomé is a party to the Madrid System for international registration of trade marks, the African Regional Intellectual Property Organisation (ARIPO) and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.

Although São Tomé 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 São Tomé are enforceable in São Tomé.

Classification

São Tomé follows a multi-class filing system in terms of the 10th edition of the Nice Classification.

Registration Procedure

The total time from filing to registration is approximately 10 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 90 days from the date of publication.

Common Law and Well-Known Trade Marks

Well-known trade marks in terms of the Paris Convention are recognised in São Tomé.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-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 not possible.

Patent

Forms part of

No
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 application (to SENAPI).
Search (upon Examiner’s discretion)
Substantive examination (ARIPO or SENAPI).
Amendments upon Director’s request.
Opposition period starting three months after publication.
Grant after end of opposition period.

Duration and maintenance

Duration is twenty years from the filing date of the application.
Annual maintenance fees are due from the third anniversary of the filing date.

Working requirement

No, although public interest grants of compulsory licence are possible.

Design

Forms part of

No
ARIPO
No
OAPI
Yes
PARIS CONVENTION

OAPI

ARIPO

International Arrangements

ARIPO
Paris Convention

Novelty requirements

Absolute.

Grace period/Prior knowledge

Twelve months.

Examination procedure

Filing (SENAPI).
Formal examination.
Registration.
Publication one year after filing.
Opposition period within three months of publication.

Duration and maintenance

Five years from the application date, renewable for further periods of five years, to a total of twenty five years.

Working requirement

No.