The short answer
A trademark registration in São Tomé and Príncipe lasts 10 years from the date it is granted and can be renewed indefinitely for equal periods (Article 193). After the application is published, anyone who feels prejudiced has 3 months to oppose, and the applicant has 3 months to reply (Article 22). A registration lapses if the mark is not seriously used for 5 consecutive years (Article 205). An applicant who is not based in the country must appoint a local agent within 1 year of being asked (Article 14).
Trademark deadlines in São Tomé and Príncipe at a glance
These rules come from the Intellectual Property Code approved by Decree-Law No. 23/2016, in the English text published by SENAPIQ-STP and listed on WIPO Lex. The Code also has general rules for all industrial property rights (Articles 10 to 49) that apply to trademarks. The renewal procedure and the fees are set outside the Code text we read, so we confirm them before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years from the date of grant, renewable indefinitely for equal periods (Article 193). |
| Which date does the term count from? | The date the registration is granted (Article 193). This is later than the filing date, so diarise from the date on your grant notice. |
| When can I renew? | The Code says the registration can be renewed for equal periods. The filing window and fee are not in the Code text we read, so we confirm them with SENAPIQ-STP before we advise (Article 193). |
| Is there a grace period? | Industrial property rights lapse when the term ends or when fees are not paid (Article 48). The Code text we read gives no renewal grace period, so we confirm the current rule and fee schedule before we advise. Rights can be restored in some cases (see the next point). |
| Opposition period | Within 3 months from publication of the application in the Intellectual Property Bulletin, a complaint or opposition can be filed. The applicant can reply within 3 months of notification. On a reasoned request, SENAPIQ-STP can grant one extra month to either side (Article 22). |
| Reply to an office action | The applicant is told of any omissions and must supply the missing information within the period set in the notice, otherwise the application is treated as abandoned (Article 14). |
| Priority claim | A first application filed in a country party to the conventions that São Tomé and Príncipe has joined gives a priority right, and the priority declaration, with country, date and number of the first application, can be made up to 3 months after the priority period ends (Article 18). |
| Non-use | A registration lapses if the mark has not been seriously used for 5 consecutive years, unless there are reasonable grounds for non-use. Use for export only counts, and use by a licensee or a controlled third party counts. Starting or resuming use before a lapse request is filed saves the registration. The registration owner must prove use, otherwise the mark is presumed unused (Articles 204 to 206). |
| Assignment | Industrial property rights can be transferred inter vivos and on death. A transfer must be in a written document with the owner's express consent and a notarised signature, and it is annotated on the certificate (Article 37). Licences must also be in writing (Article 38). |
Who can register a trademark in São Tomé and Príncipe
Industries, traders, farmers, artisans and service providers with a legitimate interest can register a trademark (Article 167). Foreign nationals have the same rights as nationals. A mark can be a word, name, drawing, letter, number, sound or product shape, and advertising phrases can also be registered if they are distinctive (Article 164).
Representation. A person not domiciled or established in São Tomé and Príncipe must appoint an agent within one year of being notified to do so, or the application is treated as abandoned (Article 14). Proceedings before SENAPIQ-STP are brought by the owner if based in the country, by an appointed attorney, or by industrial property agents resident there (Article 13).
Trademark registration process in São Tomé and Príncipe
Search
- Search the SENAPIQ-STP, the national intellectual property and quality service records for identical or similar marks in your classes.
File the application
- File with the SENAPIQ-STP, the national intellectual property and quality service, through your São Tomé agent.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After publication in the Bulletin, an opposition can be filed within 3 months, and the applicant replies within 3 months (Article 22).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the SENAPIQ-STP, the national intellectual property and quality service and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
São Tomé and Príncipe trademark validity and renewal
- The term is 10 years from the grant date, not the filing date.
- The registration can be renewed indefinitely for equal periods.
- Rights lapse if the term expires or fees are not paid.
- Confirm the renewal window and fee with SENAPIQ-STP before the term ends.
Diarise the expiry date from the date stated on your certificate and renew early.
Assignment, licence and changes to a São Toméan trademark
Assignment
Change of ownership
Written document, notarised signature, annotated on the certificate (Article 37).
Licence
Licence agreement
The licence must be in writing (Article 38).
Restoration
Missed deadline
Rights can be restored on a reasoned request filed within 2 months of the end of the impediment and within 1 year of the missed deadline (Article 49).
Name or address
Change of the owner's details
Record the change so notices reach the right address.
Non-use and cancellation of a São Toméan trademark
Under Article 205, a registration is declared lapsed if the mark has not been seriously used for 5 consecutive years without reasonable grounds, if it becomes the common name of the goods or services, or if it becomes misleading. The owner has 3 months to respond to a lapse request and must prove use (Article 206). Annulment for a right that did not belong to the applicant must be raised within 1 year of publication of the grant (Article 45), and nullity or annulment needs a court decision (Article 46).
Keep dated proof of use in São Tomé and Príncipe: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in São Tomé and Príncipe
Check the Intellectual Property Bulletin of SENAPIQ-STP. The 3-month opposition period runs from publication of the application.
Sources used
- Intellectual Property Code approved by Decree-Law No. 23/2016 of São Tomé and Príncipe, English text on WIPO Lex: Articles 13, 14, 18, 22, 37, 38, 45, 46, 48, 49, 164, 167, 193, 204, 205 and 206.
- SENAPIQ-STP for the register, the Bulletin, forms and fees.
São Tomé and Príncipe trademark FAQ
How long does a trademark last in São Tomé and Príncipe, and from when?
10 years from the date of grant, renewable indefinitely for equal periods (Article 193). It counts from the grant date (Article 193).
When should I renew a São Toméan trademark, and is there a grace period?
The Code says the registration can be renewed for equal periods. The filing window and fee are not in the Code text we read, so we confirm them with SENAPIQ-STP before we advise (Article 193).
What is the opposition period in São Tomé and Príncipe?
Within 3 months from publication of the application in the Intellectual Property Bulletin, a complaint or opposition can be filed. The applicant can reply within 3 months of notification. On a reasoned request, SENAPIQ-STP can grant one extra month to either side (Article 22).
How much does it cost to register a trademark in São Tomé and Príncipe?
The official fee is set by the SENAPIQ-STP, the national intellectual property and quality service and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in São Tomé and Príncipe?
Yes. A foreign applicant must appoint an agent in São Tomé and Príncipe within one year of being notified to do so, or the application is treated as abandoned (Article 14). We act through a local agent.
Can I assign a São Toméan trademark?
Industrial property rights can be transferred inter vivos and on death. A transfer must be in a written document with the owner's express consent and a notarised signature, and it is annotated on the certificate (Article 37). Licences must also be in writing (Article 38).
Can a São Toméan trademark be cancelled for non-use?
A registration lapses if the mark has not been seriously used for 5 consecutive years, unless there are reasonable grounds for non-use. Use for export only counts, and use by a licensee or a controlled third party counts. Starting or resuming use before a lapse request is filed saves the registration. The registration owner must prove use, otherwise the mark is presumed unused (Articles 204 to 206).
How can I check the status of a São Toméan trademark?
Use the SENAPIQ-STP, the national intellectual property and quality service register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
A first application filed in a country party to the conventions that São Tomé and Príncipe has joined gives a priority right, and the priority declaration, with country, date and number of the first application, can be made up to 3 months after the priority period ends (Article 18).
How do I change the owner's name or address?
Record the change with the SENAPIQ-STP, the national intellectual property and quality service so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in São Tomé and Príncipe
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