Located in the Gulf of Guinea in central and western Africa, Sao Tome and Principe is composed of Sao Tome Island, Principe Island and some nearby islands. The current trademark regulations are mainly based on the Industrial Property Law (No. 23/2016) issued on January 19, 2017. The Industrial Property Office is responsible for trademark affairs and the official language is Portuguese. Trademark exclusive rights need to be obtained through registration. The trademark registration of Sao Tome and Principe adopts the principle of "first application", but in some cases, trademark rights can also be claimed by "first use".
Sao Tome and Principe is a party to the Paris Convention, WIPO Convention and other international intellectual property treaties, and is a member of the Madrid Protocol, so trademark protection can be handled through both "single country registration" and "Madrid international registration". On May 19, 2014, Sao Tome and Principe joined the African Regional Industrial Property Organization.
At present, Sao Tome and Principe officially adopts the goods and services description of the 10th edition of the Nice Classification and accepts one form of multi category applications. The elements that Sao Tome and Principe can register as a trademark include: words, names, figures, numbers, letters and combinations of the above elements.
If the applicant does not live in Sao Tome and Principe, he/she must entrust a special agent in his/her own country to handle it. Basic materials required for trademark application:
1. Trademark design;
2. Specific product items;
3. Name and address of the applicant;
4. Power of attorney, to be signed;
5.If priority is declared, priority proof documents and corresponding Portuguese translations must be provided.
The main process of applying for the registration of Sao Tome and Principe's trademark is: application - acceptance - examination - announcement - approval - issuance. After the application is submitted, the official first conducts a formal review, mainly examining whether the application materials and classification information comply with the regulations. Generally, it takes about 2 months to complete the acceptance. After acceptance, substantive examination of the trademark will be conducted, including examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination is passed, it will be announced; If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice.
The objection period is 3 months from the date of the initial review announcement, and any interested party may raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued after the objection period ends. Under smooth conditions, the trademark registration of Sao Tome and Principe will take about 3 years; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended.
The trademark of Sao Tome and Principe is valid for 10 years from the date of registration; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.