SUDAN

• Filing Requirements:

1. A power of attorney signed and stamped by the company's stamp or duly notarized.

2. A certified extract of the entry of the applicant company in the commercial register, or a certified copy of the certificate of incorporation legalized up to the Sudanese Consulate. If not in English or Arabic, a certified and legalized translation of the extract in either language should be provided.

3. The name, address, nationality, and occupation of the applicant, and the nature of its business.

4. The list of the goods and services to be covered by the application, the protection of the class cannot include all goods or services, one of the items must always be excluded, and otherwise two applications should be submitted in order to protect all the goods/services in the same class.

5. Fifteen prints of the trademark for each class.

6. The meaning of a word marks (if any).

Search results need 5-6 working days to be issued.

Official Trademark Office search covers word marks and Logos.

• Time Frame:

The approximate time frame for completing the filing of a trademark is 18 to 20 months.

• Validity:

A trademark registration in the Sudan is valid for ten years from the date of filing the trademark application.

• Notes:

Services marks may be registered according to the 9Th edition of the Nice Classification.

A separate application is to be filed for each class of goods.

One application in Sudan should not cover all the good in one class or the class headings, otherwise two applications must be filed for the same trademark in the same class in order to cover all goods in the class.

Multi class application is not possible in Sudan.

Once a word mark in English language is registered in Sudan, its transliteration is automatically protected.

• Renewal Requirements:

1. Power of attorney duly signed and stamped by the corporate seal of the applicant company; or otherwise notarized by Notary Public. Legalization up to the Sudanese Consulate is not required.

2. Copy of the final registration certificate or last renewal certificate.

• Notes:

The validity of the trademark registration in Sudam is ten years as from the filing date. Thereafter, a trademark registration is renewable for further consecutive periods of ten years each. 

The renewal fees of a trademark registration can be paid during the last 12 months of the current protection period. There is a 6 months grace period within which a late renewal application can be filed, but such a late renewal application is subject to the payment of additional fees.

• Requirements for Recordal of Change of name/address/legal status:

1. A Power of Attorney in the new name and/or address Duly signed and stamped by the corporate seal of the applicant’s official seal and Duly Notarized up to a Notary Public.

2. A certified copy of the change of name and or address certificate in the home country Duly Notarized & Legalized up to the Sudanese Consulate. If not in Arabic or English, a sworn translation in either language of the document should be provided Duly Notarized & Legalized up to the Sudanese Consulate.

3. All the above documents have to be filed together with the application for the recordation of the change of name/address.

• Requirements for Recordal of assignment:

1. A Deed of assignment and its English/Arabic translation (if applicable) to be recorded within 6 months from its date of conclusion.  The same have to be Duly Notarized & Legalized up to the Sudanese Consulate.

2. Forms Nos. TM 11 and TM 12 Duly completed and signed by both the assignor and assignee – to be Notarized & Legalized. 

3. 2 valid powers of attorney from both the assignor and the assignee simply signed and stamped by the corporate seal of the both of them – no legalization required.

4. The above documents have to be filed together with the application for the recordal of the assignment.

5. A legalized copy of the certificate of incorporation/extract from the commercial register of the assignee and its English/Arabic translation (if any) – if it has already been filed with the Registrar then it can be dispensed with – just a reference of the trademark number with which it was filed will suffice – can be filed at a later stage.

• Requirements for Recordal of merger:

1. A Deed of merger and its English/Arabic translation (if any) Duly Notarized & Legalized up to the Sudanese Consulate.  The same has to be recorded within 6 months from its date of conclusion.

2. A valid Power of Attorney simply signed and stamped by the corporate seal of the merging company and Duly Notarized up to a Notary Public – no legalization required.

3. The above documents should be filed together with the application for the recordation of the merger.

• Requirements for Recordal of license:

1. A certified copy of the licence agreement and its English/Arabic (if any) duly legalized up to the Sudanese Consulate.  Registered user must be recorded within 6 months from the date of the licence contract.

2. A legalized (up to the Sudanese Consulate) copy of the certificate of incorporation/ extract from the commercial register of the licensee and its English/Arabic translation (if any) – if it has already been filed with the Registrar then it can be dispensed with – just a reference of the mark with which it was filed and its application/registration number will suffice.

3. 2 valid powers of attorney from both the licensor and the licensee simply signed and stamped by the corporate seal of both of them and duly notarized up to a Notary Public – no legalization required.