Sudan Trademarks

Filing Requirements:

1. Power of attorney, legalized.

2. Certificate of incorporation, with English translation, legalized.

3. Copy of priority document, if priority is claimed, certified.

4. 15 prints of the mark for each application.

5. Declaration of nationality, simply signed.

* Documents 1 and 2 may be submitted at any time before publication.

* Document 3 must be submitted within 3 months from filing date.

* Document 5 must only be submitted after publication and end of opposition period.

Classification:

The International Classification of Goods and Services (8th Edition) is followed. However, class 33 and alcoholic goods in class 32 can not be registered in Sudan. A separate application is required for each class.

Opposition:

Trademark applications accepted by the Registrar are published in the Official Gazette. Oppositions may be filed within 8 months from publication date.

Extension Of Time:

Extension of time for oppositions/counter-oppositions or for responding to office actions is possible.

Protection Term:

Trademark registrations are valid for 10 years from filing date and are renewable for like periods. There is a grace period of 6 months for late renewals with payment of a surcharge.

Documents Required For Renewal:

  • Power of attorney, legalized.

Use Requirements:

Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 5 consecutive years after registration date.

Search:

An official search can be conducted for word marks and devices. The search takes 10 working days. A separate application is required for search in each class. The search report discloses similar and identical trademark registrations as well as applications.

Assignment:

* Trademark applications and registrations may be assigned with or without the goodwill of the business concerned.

* Documents required:

  • Power of attorney from the assignee, legalized.
  • Power of attorney from the assignor, legalized.
  • Deed of assignment, legalized.
  • Original registration certificate of the mark(s) for endorsement.
  • Certificate of incorporation of the assignee with English translation, legalized.
  • Forms No. 11 and 12, notarized.

Change Of Name/Address:

* A change of name/address may be recorded for trademark applications and registrations.

* Documents required:

  • Power of attorney, legalized.
  • Certificate of change of name, legalized.
  • The original registration certificate of the mark(s) for endorsement.
  • Change of address, only a power of attorney, legalized.
  • The original registration certificate of the mark(s) for endorsement.

Licensing:

* License recordal is not compulsory but advisable in order to be effective against third parties.

* Documents required:

  • Power of attorney from the licensor, legalized.
  • Power of attorney from the licensee, legalized.
  • License agreement, legalized.
  • Certificate of incorporation of licensee, legalized.
  • The original registration certificate of the mark(s) for endorsement.

Merger:

* A merger may be recorded for trademark applications and registrations.

* Documents required:

  • Power of attorney, legalized.
  • Certificate of merger, legalized.
  • The original registration certificate of the mark(s) for endorsement.

Marking:

Marking is not compulsory.

Cancellation:

A trademark is vulnerable to cancellation by any interested party within 5 years from filing date unless the mark was registered in bad faith, in which case, there is no time limit.

Registration Time Frame:

The approximate time frame for completing the registration process is 18 to 20 months.

Three Dimensional Trademark Applications:

Inadmissible.