Trademarks Law in São Tomé and PrÃncipe
Sure! Here’s an overview of trademark law in São Tomé and PrÃncipe:
Trademark Law in São Tomé and PrÃncipe
1. Legal Framework
São Tomé and PrÃncipe is a member of the African Intellectual Property Organization (OAPI).
Trademark protection is governed under the Bangui Agreement (1999), which applies uniformly to all OAPI member states.
The OAPI Office centrally manages trademark registration and enforcement for all member countries, including São Tomé and PrÃncipe.
São Tomé and PrÃncipe is also a party to:
The Paris Convention
The TRIPS Agreement
2. Trademark Protection
A trademark registered with OAPI is automatically protected in São Tomé and PrÃncipe and all other OAPI member states.
There is no separate national trademark office for São Tomé and PrÃncipe.
3. Registration Process
Applications must be filed directly with the OAPI Office in Yaoundé, Cameroon.
The process includes:
Formal and substantive examination by OAPI.
Publication of the application in the OAPI bulletin.
A 2-month opposition period.
Registration if no opposition or after resolution of opposition.
4. Duration and Renewal
Trademark registration is valid for 10 years from the filing date.
It can be renewed indefinitely in 10-year periods upon payment of renewal fees.
5. Rights Conferred
Exclusive rights to use and enforce the trademark in São Tomé and PrÃncipe and all other OAPI member states.
Rights to license or assign the trademark.
6. Infringement and Enforcement
Infringement includes unauthorized use of identical or confusingly similar marks.
Enforcement is conducted through the national courts of São Tomé and PrÃncipe, with coordination from OAPI.
Remedies include injunctions, damages, and seizure of infringing goods.
7. International Registration
Trademark protection in São Tomé and PrÃncipe can be obtained via OAPI’s centralized system.
International trademark protection may also be pursued through the Madrid Protocol, but filings for São Tomé and PrÃncipe are generally handled through OAPI.
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