Trademarks: Sudan

General Information

International Agreements : Madrid Agreement

Classification : Int’l Classification (Classes 1-45) – Single Class Filing

What is Registrable : Trademarks, Service Marks & Device Marks
What is Not Registrable : Marks covering Alcoholic Beverages

Priority under Paris Convention : Yes

Examination : Examined as to its registrability. Should the mark lack any requirement as provided for in the law and its regulations, the Registrar of Trademarks will reject the application.

Publication : Yes – after acceptance in the Official Gazette
Opposition : Yes – within 8 months as of publication date

Time Frame for Registration : 24 months
Registration Term : 10 Years from filing date
Renewal Term : 10 Year
Grace Period for Renewals : Late renewal of a trademark registration is permitted within 6 months. 

Use Requirement for filing : Use of trademarks in Sudan is not a prerequisite for filing applications

Cancellation : A registered trademark is vulnerable to cancellation if there had been no use of the mark in the Sudan during five consecutive years after registration of the mark. On the basis of a court order, the Trademark Office or any interested party is entitled to demand the cancellation of any trademark registered in the country in bad faith.

Marking Requirements : None

Assignments - Must Assignments be recorded ? Yes
Can pending applications be Assigned ? Yes

Licenses - Must Licenses be recorded ? Yes
Can pending application be Licensed ? Yes

 

Filing Requirements

Trademark/Service Mark Requirements

  1. A power of attorney stamped with corporate Seal and Notarized by Notary Public.
  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, legalized up to the Sudanese Consulate. 
  3. Sixteen prints of the trademark for each class. 
  4. A list of the goods and services to be covered by the application. The protection of 
    the class cannot include all goods and services; one item must always be excluded. 
  5. The meaning, if any, of a word mark. 

The Notarized Power of attorney and the Legalized Certificate of Incorporation MUST accompany the application when filed.

Renewal of Trademark/Service Mark Requirements

  1. A power of attorney stamped with corporate seal and Notarized by Notary Public.
  2. The trademark registration number and class of goods.
  3. The date of expiration of the trademark registration.

Assignment Recordal Requirements

  1. A power of attorney as mentioned earlier from the assignee and the assignor, both 
    duly notarized.
  2. A deed of assignment legalized up to the Sudanese Consulate. (Accompanied with 
    its duly legalized English translation if not in English).
  3. Legal forms Nos. TM 11 and TM 12. (Notarized). 
  4. The original certificate of registration of the trademark for endorsement purposes. 
  5. A certified extract of the entry of the assignee in the commercial register or a certificate of incorporation of the assignee, together with its English translation, duly legalized up to the Sudanese Consulate.

License Recordal Requirements

  1. A power of attorney Stamped by corporate seal and Notarized by Notary Public.
  2. A certified copy of the license agreement. The certificate of incorporation of the 
    licensee should be legalized up to the Sudanese Consulate. (Accompanied with its 
    duly legalized English translation if not in English).
  3. Legal Form No.4 to be completed. (Duly legalized and notarized) No need for the Original Registration Certificate as the registrar will issue a Certificate declaring the license recorded.

Change of Name/Address Requirements

  1. A power of attorney stamped with corporate seal and Notarized by Notary Public.
  2. A certified copy of the change of name and or address certificate in the home country duly 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 legalized up to the Sudanese Consulate.
  3. The original certificate of registration of the trademark for endorsement purposes. 

 

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