JuriSTEP
INTELLECTUAL PROPERTY LAW
Article 16
Definitions
Under this Law:
1. ‘Mark’ shall mean any visible sign of graphic representation
distinguishing the products or the service of a company from those of
other companies.
2. ‘Collective mark’ shall mean any visible sign of graphic representation
named as such allowing distinguishing the origin or any other one
common characteristic, notably the quality of products or of services
of companies that use this sign under the control of the association
owing it.
3. ‘Tradename’ shall mean the name or designation that identifies and
distinguishes a company.
Article 17
Acquisition of the exclusive right of a mark and registry requirements
1. The exclusive right to a mark granted under this Law is acquired by its
registry.
2. A mark shall not be valid registered if:
a)
It does not allow distinguishing between the products or services
of a company from those of other companies;
b) It is contrary to the good costumes;
c)
It is likely of induce the public or the commercial operators in error,
specially concerning the geographical origin, the nature or the
characteristics of the products or services in question;
d) It reproduces, imitates or has between elements the weapons,
flags or others signs, the name, the abbreviation or the acronym or
a sign or official function of supervising and guarantee of a State
or of an intergovernmental organization created by an international
convention, except if the competent authority of that State or of
that organization authorizes so;
e)
It is identical or similar to a mark or tradename notoriously known
in Sao Tome and Principe of identical or similar products of another
company causing confusion, or if it is a translation of that mark or
of that tradename;
f)
It is identical to a mark owned to other title owner that has already
been registered or which deposit’s date is previous and holds
priority for products or services very similar, or it is similar to a
mark in such way that can be misleading or cause confusion.
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