São Tomé and Principe is a member of the Paris Convention and the Madrid Protocol.
The Industrial Property Law of São Tomé and Principe is silent on whether recognition is given to trade mark applications which are filed in terms of the Madrid Protocol which designate this country. It would appear, however, from the context of the provision in the Industrial Property Law which recognises and gives effect to São Tomé and Principe’s treaty obligations, that there was an intention to implement these treaties.
Applications may be filed as national applications and, in appropriate circumstances, claiming convention priority in terms of the Paris Convention. International applications filed in terms of the Madrid Protocol may also designate São Tomé and Principe.
Provision is made for the registration of trade marks for goods and for services, and for collective marks.
No express provision is made for defensive marks.