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SAO TOME AND PRINCIPE
the application;
b) The owner of the collective mark shall notify the National Service
for Intellectual Property of any change in the internal regulation of use
mentioned in sub-paragraph a) of the paragraph 2 of this Article.
3. Additionally to the cases provided in Article 20, paragraph 1, the
Director of Industry shall annul the registry of a collective mark if the
applicant of the annulment makes evidence that only the owner of the
registry of the mark uses it or authorizes its use in violation of the
regulation referred in paragraph 2, sub-paragraph a), or that he uses it
or authorizes its use in a way that may deceive commercial agents or
the public about the origin or any another common characteristic of
the products or services in question.
Article 22
Tradenames
1. A name or designation that by its nature or by the use that can be
made of it, is contrary to public order or to the good mores or that is
likely to mislead the commercial agents or the public about the nature
of the company using that name, cannot be used as tradename.
2. Any further use of the tradename by a third person, be it as
tradename, mark or collective mark, as well as any use of a similar
tradename or of a similar mark likely to mislead the public, is
considered to be illicit.
3. Notwithstanding any legal provision that imposes the obligation of
registry of tradenames, these are protected against any unlawful
action of any third party even before the registry or without him.
Article 23
Actions of unfair competition
1. Any act contrary to the honest customs in the industry or in the
commerce is deemed to be illicit.
2. Notably the following acts shall be deemed as actions of unfair
competition:
a)
Any acts likely to lead to confusion with establishment, products
or activities industrial or commercial of a competitor;
b) Any false statements, in the exercise of the commerce, likely to
harm the reputation of the establishment, of the products or the
industrial or commercial activity of a competitor;
c)
Any statements, which use may mislead the public about the
nature of the products, the manufacturing process, its
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