African Regional Intellectual Property Organization (ARIPO)
Algeria
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Trade Mark Services & Trade Mark Lawyers
Patent
Design
Sao Tome and Principe
Forms part of
10th edition
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.
Forms part of
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.
Forms part of
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.
But Enforceability Questionable