JuriSTEP
INTELLECTUAL PROPERTY LAW
concerning products placed on the market in Sao Tome and Principe by
the owner of the registry or with the his consent.
4. The registry of a mark is effective for ten years counting from the date
of deposit of the registry application.
5. a) Upon request, the registry of a mark can be renewed for
consecutive periods of ten years each, provide the registry owner pays
a renewal fee.
b) An extension of term of six months shall be granted for the payment
of the renewal fee after expiration, subject to a surcharge.
Article 20
Annulment
1. Any person can submit to the National Service for Intellectual Property
an application for the annulment of registry of a mark.
2. The National Service for Intellectual Property annuls the registry if the
application offers evidence that any of the exclusions of Article 17 is
applicable or that he is the owner of a mark benefiting of a date of
deposit or of priority and that the mark, which annulment of registry
he is requesting, is an infringement of a prior mark, according to
Article 19, paragraph 1.
3. The National Service for Intellectual Property annuls the registry if
verifies there is a violation of the Article l6, paragraph 1.
4. The annulment of the registry of a mark is considered to be effective
on the date of the registry and shall be published as soon as possible.
5. Any person interested may request to the Director of Industry the
annulment of a mark, for a product or service for which it has been
registered, due to the fact that the mark, after its registry and up to a
month before the application has not been used by the owner of the
registry, neither by any person who has acquired the right to use the
mark, during a not-interrupted period of five years. However, the mark
is not annulled if it is proved that special circumstances made its use
impossible and that there was no intention not to use it or to abandon
it concerning the products or services in question.
Article 21
Collective marks
1. Without prejudice of paragraph 2, Articles 17, 18, paragraph 1 and 20
are applicable to collective marks.
2. a) In the registry application, the collective mark shall be identified as
such and a copy of the regulation of use of the mark shall be joint to
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