Types of trade Marks
The Act provides for the registration of the following marks:
goods and service marks.
The International Classification of Goods and Services (Nice Classification) is applied. A separate application is required for each class. No application may be made for marks for alcoholic products.
An application is filed at the Industrial Property and Copyright Office in Arabic or English or, if not in either of these languages, then with a certified translation in Arabic or English.
The following information and documents are required:
Prior to registration, the application will be subjected to formal and substantive examination. If the application meets the formal and substantive requirements for registration, it will be published for opposition purposes. The applicant will, if no oppositions are filed, or if an opposition is unsuccessful, be notified that the application has proceeded to grant.
Before the issue of a registration certificate, the applicant must furnish the Registrar with a declaration on oath that his nationality has not changed since the application for registration was lodged.
When an application is advertised as accepted, any interested person who is resident in Sudan may, within six months from the date of such advertisement, oppose the registration of the trade mark. Any person resident outside of Sudan may, within eight months from the date of advertisement of an application, file with the Registrar an opposition. Extension of the opposition period is not possible.
Duration and renewal
A trade mark registration is effective for an initial period of 10 years from the date of filing, and is thereafter renewable for similar periods subject to payment of the prescribed fee. A grace period of six months is allowed for such payment, provided that a penalty is paid.
Assignments are possible. Assignment may be made with or without the goodwill of the business and in respect of some or all of the goods or services covered by the registration. The assignment must be recorded within a period of six months from the date of the assignment instrument and upon payment of the prescribed fee. Failure to record the assignment will result in the assignment being null and void.
Requirements for recordal:
Types of applications
Application for a patent may be made by way of:
Non-convention, convention and PCT national phase applications are filed with the office of the Registrar of Patents. Applications in terms of the Harare Protocol (ie ARIPO applications) can either be filed via the Sudan Patent Office, in which case they must be transmitted to the ARIPO office for processing. Alternatively, they can be filed at the ARIPO office in Harare.
Applications are subjected to formal examination only.
The Act provides that, where the Registrar grants a patent, the Registrar shall publish a reference to the grant of the patent in the Gazette.
Duration and maintenance
The term of a patent is 20 years from the filing date, subject to payment of annual fees. A grace period of six months is allowed for the late payment of the annual fee, subject to payment of surcharges. Failure to pay the renewal fee causes the patent to lapse.
Assignments and licences
Changes in ownership (assignments) and licence contracts will have no effect against third parties until they are recorded in writing at the patent office.
Requirements for recordal: