Trademark registration in Sao Tome and Principe

The countries of Sao Tome and Principe have many advantages to develop fields for trademark registration. In terms of agriculture, Sao Tome and Principe have an agricultural economy with key export products such as cocoa, coffee, palm oil and coconut. Trademark registration for these products can help protect the reputation and quality of the product, and help the business compete more effectively in the international market. The tourism industry of Sao Tome and Principe is growing rapidly, attracting tourists from all over the world. Registering a trademark for tourism services such as hotels, restaurants, and attractions can help businesses attract potential customers and build a reputation for their brand. Sao Tome and Principe have several small manufacturing industries, including food, beverage and textile production. Registering a trademark for locally made products can help protect the reputation and quality of the product, and help businesses compete more effectively with imported products. Viet An Law would like to guide customers through the preliminary procedures for trademark registration in Sao Tome and Principe through the article below.

Legal Basis

• Intellectual Property Code (approved by Decree No. 23/2016)

Definition of trademarks in Sao Tome and Principe

The trademark at Sao Tome and Principe is a special sign or symbol used to identify the goods or services of a particular business and distinguish them from the goods or services of another business.

Similar to other countries, trademarks in Sao Tome and Principe may refer to:

• Words: Brand name, slogan
• Image: Logo, logo
• Combination: A combination of words and images

Conditions for trademark registration in Sao Tome and Principe

• Distinctiveness: Your brand must be unique and capable of distinguishing your goods or services from those of other businesses. It is not allowed to be identical or confusing to a previously registered trademark.
• Legal: Trademarks must comply with the law, public order, and ethical standards. It must not contain content that is deceptive or misleading to consumers.
• Actual Use: Although not required during the filing stage, the use of the trademark in business is a necessary condition to maintain the right to register.

Types of trademarks that can be registered in Sao Tome and Principe

• Word trademarks: Include brand names, slogans, words, or phrases used to distinguish goods or services.
• Image trademarks: Include logos, logos, drawings, or any other visual images used to represent the brand.
• Combined trademarks: A combination of word marks and image marks, forming a unified unit for brand identity.
• Three-dimensional trademarks: Includes the shape, structure, or packaging of the product, as long as it is capable of distinguishing goods or services.
• Sound trademarks: Includes the sound, melody, or track used to identify the brand.
• Color trademarks: Includes one or more colors used to distinguish goods or services. However, the registration of color trademarks often has stricter examination requirements than other types of trademarks.

Trademark registration dossier in Sao Tome and Principe

• Trademark Registration Application: The applicant completes it completely and accurately, including the following information:
  • Name and address of the applicant (individual or business)
  • Brand type (word, logo, image, etc.)
  • A detailed description of the trademark (meaning, color, typography, etc.)
  • List of goods or services according to the Nice classification system
  • Application Fee
• Trademark Templates: Two clear and easily visible copies of the trademark printed on a white background. If the trademark is colorful, a clear note should be made.
• Identification documents:
  • A copy of the applicant’s identity card or passport (if it is an individual).
  • Business registration certificate or business license (if it is an enterprise).
• Power of attorney (if applicable): If the applicant hires an attorney or legal representative to file the application, a valid power of attorney is required.
• Additional documents (if any): If the trademark has special elements, the applicant needs to provide explanatory or illustrative documents. For example, if the trademark is a complex logo, the applicant can provide technical drawings.
• Fee payment receipt

How to file a trademark registration dossier in Sao Tome and Principe

To file a trademark protection application in Sao Tome and Principe, you can file by the following filing methods:

• Direct submission: Customers can go directly to the National Service for Quality and Intellectual Property – Secretary of State, Trade and Industry of the Ministry of Tourism, Culture, Trade and Industry (SENAPIQ-STP) at Rua Viriato da Cruz C.P. 198 Sao Tome to submit the application and related documents.
• By post: You can send the application form and all necessary documents through the postal service or courier service to the address of the National Intellectual Property and Quality Service – Secretary of State, Trade and Industry of the Ministry of Tourism, Culture, Trade and Industry (SENAPIQ-STP) address Rua Viriato da Cruz C.P. 198 Sao Tome.

Trademark registration in Sao Tome and Principe via the ARIPO system

ARIPO (African Regional Intellectual Property Organization) is an intergovernmental organization that provides intellectual property registration and protection services in 19 African countries.

A trademark registration dossier in Sao Tome and Principe via the ARIPO system includes the following documents:

• Application Form: The applicant fills in complete information about the trademark, owner, product/service, etc. in the ARIPO Form TM1 form which can be downloaded from the ARIPO website.
• Trademark image: The applicant needs to provide a clear image of the trademark with a minimum size of 5 cm x 5 cm and JPG, JPEG, PNG or TIFF format (if filing online)
• List of goods/services: The applicant lists all the goods/services for which the applicant wants to protect the trademark. Applicants need to use the Nice Classification Table to classify goods/services.
• Power of attorney (if applicable): If the applicant authorizes someone else to represent the applicant during the registration process, a power of attorney is required.
• How to file a trademark registration application via the ARIPO system

 Trademark registration fee through the ARIPO system

 Trademark registration services at Sao Tome and Principe by Viet An Law Firm

• Perform the search and notify customers in writing of the results of the trademark search in Sao Tome and Principe;
• Drafting dossiers and directly filing and monitoring the status of trademark applications in Sao Tome and Principe on behalf of the trademark owner;
• Notifying, advising and handling deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark registration applications in Sao Tome and Principe;
• Assist in monitoring, representing the resolution of objections and feedback to the intellectual property representative who performs the procedure in Sao Tome and Principe.
• Receive official dispatches, certificates and hand over to customers (if any).

If you want to file a trademark registration application, please contact Viet An Law for the most effective support.