SÃO TOMÉ AND PRÍNCIPE

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Country Name: SÃO TOMÉ AND PRÍNCIPE

SÃO TOMÉ AND PRÍNCIPE

Trade Marks

Types of trade marks

The Act provides for the registration of the following marks:

  • product and service marks
  • collective marks.

Classification

The International Classification of Goods and Services (Nice Classification) is applied. A single application may cover more than one class.

Application

An application is filed at the National Office of Industrial Property in Portuguese.

The following information and documents are required:

  • full particulars of the applicant
  • authorisation of agent (simply signed), in Portuguese
  • list of goods or services to be covered, separated in accordance with the relevant classes
  • electronic reproduction of the mark in the size prescribed by the relevant laws
  • certified copy of the priority document (if applicable), with Portuguese translation.

Prior to registration, the application will be subject to formal and substantive examination. If the application meets the formal and substantive requirements for registration, it will be published in the Official Journal for opposition purposes. The applicant will, if no opposition is filed, or if an opposition is unsuccessful, be notified that the application has proceeded to grant.

Opposition

Third parties may oppose an application within 90 days of advertisement in the Official Journal. The Director of Industry may, under conditions determined by him, extend the opposition term.

Duration and renewal

A trade mark registration is effective for an initial period of 10 years from the date of filing, and is renewable thereafter for similar periods subject to payment of the prescribed fee. A grace period of six months is allowed for such payment, provided that a penalty is paid.

Assignment

Assignments are possible. The Industrial Property Law is silent on the issue whether assignment may be made with or without the goodwill of the business. This law is also silent on the issue whether it is possible to assign the mark in respect of some or all of the goods or services covered by the registration.

Any assignment of a registered mark must be in writing and recorded at the National Office of Industrial Property.

Requirements for recordal:

  • power of attorney (simply signed), in Portuguese
  • deed of assignment, with sworn Portuguese translation.

PATENTS

Types of applications

Application for a patent may be made by way of:

  • a non-convention application, where the effective date is the filing date of the application
  • a convention application, where the effective date would be the priority date of the first-filed application under the Paris Convention
  • an international application under the PCT in which São Tomé is designated.

Application

Non-convention, convention and PCT national phase applications are filed with the office of the Registrar of Patents.

Filing requirements for a PCT national phase:

  • full particulars of the applicant
  • power of attorney (simply signed), in Portuguese
  • assignment of invention (if the applicant is not the inventor)
  • specification (including claims, abstract and drawings), in Portuguese
  • certified copy of the priority document (if priority is to be claimed), together with Portuguese translation
  • International Preliminary Report on Patentability (for PCT applications).

Examination/procedure

Applications are subjected to formal examination.

Opposition

No provision

Publication

The Law provides that where the Registrar grants a patent, the Registrar shall publish reference of the grant of the patent in the prescribed manner.

Duration and maintenance

The term of a patent is 20 years from the filing date. An annual fee is payable as from the first anniversary of filing. A grace period of six months is allowed for the late payment of the annual fee subject to payment of surcharges.

Assignments and licences

Change in ownership and licence contracts are recognised but will have no effect against third parties until they are recorded in writing at the patent office.

Requirements for recordal:

  • power of attorney by the applicant (simply signed), in Portuguese original or
  • certified copy of the assignment document, with a Portuguese translation; or
  • original or certified copy of the licence agreement, with a Portuguese translation.

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