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Country Name: SUDAN

SUDAN

Trade Marks

Types of trade Marks

The Act provides for the registration of the following marks:

goods and service marks.

Classification

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.

Application

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:

  • full particulars of the applicant 
  • power of attorney signed by the applicant (legalised), in Arabic certificate of incorporation,
  • certificate of partnership registration, extract from an official commercial register, or such other document as shall satisfy the Registrar as to the nationality of the applicant (legalised)
  • list of goods or services to be covered
  • reproduction of the mark in the size prescribed
  • certified copy of the priority document (if applicable), in English or Arabic.

Examination/procedure

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.

Opposition

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.

Assignment

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:

  • power of attorney from the assignee (legalised)
  • deed of assignment
  • if the applicant is a company, an extract from the commercial register or a copy of the certificate of incorporation (legalised)
  • original registration certificate required for endorsement purposes.

PATENTS

Types of applications

Application for a patent may be made by way of:

  • a non-convention application, where the effective date is the filing date of the application
  • a convention application, where the effective date would be the priority date of the first-filed application under the Paris Conventiona national phase application based on an international application under the PCT in which Sudan is designated (see the section on Patent protection above)
  • an ARIPO application designating Sudan
  • a divisional application, where the original application covers more than one invention.

Application

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.

Filing requirements:

  • full particulars of the applicant
  • power of attorney (simply signed)
  • declaration or assignment by the inventor (if applicable)
  • specification (including claims, drawings and abstract), in English with Arabic translation
  • certified copy of the priority document (if applicable)
  • international preliminary report on patentability (for PCT applications)
  • certified copy of the certificate of incorporation of the applicant company and its articles of incorporation (legalised; not required for a PCT application).

Examination/procedure

Applications are subjected to formal examination only.

Opposition
No provision.

Publication

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:

  • power of attorney (notarised)
  • deed of assignment (legalised); or
  • licence agreement (legalised).

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