JuriSTEP INTELLECTUAL PROPERTY LAW Article 16 Definitions Under this Law: 1. ‘Mark’ shall mean any visible sign of graphic representation distinguishing the products or the service of a company from those of other companies. 2. ‘Collective mark’ shall mean any visible sign of graphic representation named as such allowing distinguishing the origin or any other one common characteristic, notably the quality of products or of services of companies that use this sign under the control of the association owing it. 3. ‘Tradename’ shall mean the name or designation that identifies and distinguishes a company. Article 17 Acquisition of the exclusive right of a mark and registry requirements 1. The exclusive right to a mark granted under this Law is acquired by its registry. 2. A mark shall not be valid registered if: a) It does not allow distinguishing between the products or services of a company from those of other companies; b) It is contrary to the good costumes; c) It is likely of induce the public or the commercial operators in error, specially concerning the geographical origin, the nature or the characteristics of the products or services in question; d) It reproduces, imitates or has between elements the weapons, flags or others signs, the name, the abbreviation or the acronym or a sign or official function of supervising and guarantee of a State or of an intergovernmental organization created by an international convention, except if the competent authority of that State or of that organization authorizes so; e) It is identical or similar to a mark or tradename notoriously known in Sao Tome and Principe of identical or similar products of another company causing confusion, or if it is a translation of that mark or of that tradename; f) It is identical to a mark owned to other title owner that has already been registered or which deposit’s date is previous and holds priority for products or services very similar, or it is similar to a mark in such way that can be misleading or cause confusion. 12