Period
A trademark registration is valid for a period of 10 years from date of filing.
Renewal
A trademark registration is renewable for a period of 10 years each. There is a six-month grace period before expiry for late renewal of a trademark.
Requirements:
- Power of Attorney, simply signed.
Note: The Registrar in Sudan sometimes asks for a certified copy of the corresponding home registration of the trademark.
Classification
The international classification of goods and services is followed for the purpose of registration of marks. Class 33 and "Beer, ale and porter" in class 32 as well as related services are not registrable.
A separate application is required for each class.
Color of the mark
A trademark may be limited in whole or in part to one or more specified colors.
Search
An official search can be conducted for word marks and devices.
A separate application is required for search in each class.
Examination
Trademark applications are examined when they are filed with regard to their registrability.
Assignment Requirements
Assignment may be made with or without goodwill.
Requirements:
- Legalized Power of Attorney, signed by the Assignee.
- Legalized Deed of Assignment, signed by both parties.
- The original registration certificate for endorsement
- Certificate of incorporation of the Assignee with English translation
- Form No. 11
- Form No. 12, notarized
Filing Requirements:
- Power of Attorney simply signed and sealed. Separate power is required for each application or set of simultaneous applications.
- Legalized Certificate of Incorporation, with English translation.
- Printing block and 15 prints (for each class).
- Priority document, if priority is claimed.
Requirements 1-3 must be submitted at the time of filing. Requirement 4 must be filed within 3 months from date of filing.
Change of Name/Address
Requirements:
- Legalized Power of Attorney.
- Legalized Certificate of the change of name, with Arabic translation.
- The original registration certificate for endorsement.
Recordal of License
Compulsory. License agreement should be recorded within 6 months from the date of execution.
Requirements:
- Legalized Power of Attorney.
- License Agreement, signed by both parties
- The original registration certificate for endorsement.
- Legalized Certificate of Incorporation of the Licensee.
Use Requirements
Use of trademark is Not compulsory for filing applications for registration nor for maintaining trademark registration in force, however, a trademark is vulnerable to cancellation by any interested party who can establish that the trademark was not used during the five years preceding the application for cancellation.
Appeal
Any refusal by the Registrar to register a mark may be appealed to the court.
Opposition
TM applications accepted by the Registrar are published in the official gazette. There is an eight-month period from the date of publication during which any interested party may file an opposition.
Marking
Marking of registered marks is not compulsory.
Cancellation
The cancellation of a registered trademark will be ordered by the court on the request of any interested person or the Registrar:
1) If the mark was not entitled to registration under the provisions of the law.
2) If the mark has been obtained by fraud.
3) If the mark has without legitimate reason not been used after registration during five consecutive years preceding the allegation of non-use.
Abandonment
When the registered owner of any trademark, is or becomes a national of a boycotted country, all his rights in the trademark will cease and be sequestered and will vest in the Minister as custodian
Status of unregistered trademark
No person will be entitled to recover damages for infringement of a trademark not registered