JuriSTEP
SAO TOME AND PRINCIPE
Article 18
Registry Application
1. The application for the registry of a mark is deposited before the
Director of Industry and is comprised of an application, a reproduction
of the mark and a list of the products or services for which the registry
of the mark is request, listed according to the pertinent classes of the
international classification. The deposit of the application is subject to
payment of a fee.
2. a) The application may contain a statement claiming the conditions
provided by the Convention of Paris, the priority of a previous national
or regional deposit executed by the applicant or by its lawful
predecessor. In this case, the Director of Industry may require that the
applicant supply a copy of the previous application certified by the
administrative authority that has received such application in a certain
term;
b) The statement provided in the previous sub-paragraph has the
effects established by the Convention of Paris. If the Director of
Industry verifies that the requirements of this subparagraph and those
established by the pertinent regulation are not fulfilled, the statement
is deemed as void.
3. While the application is pending, the applicant may withdraw it at any
moment.
4. The Director of Industry shall verify if the application fulfils the
requirements of paragraph 1 of Article 18 and those established by the
pertinent regulation.
Article 19
Rights granted by the registry, term and renewal
1. After the registry any of the mark by third persons for any products or
services, for which it was registered, it is subject to the owner’s
consent.
2. The owner of registry of a mark, additionally to any other rights,
appeals or actions to its disposal, has the right to initiate judicial
action against anyone who violates his patent rights by any action,
without his consent, or by any action likely to violate such rights.
That right includes the use of an equal or similar sign to the mark
registered and the use regarding equal or similar products and services
to those for which the mark was registered, when that can result in
confusion of the public.
3. The rights granted by the registry of a mark do not include the acts
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