Trademarks

Legal basis

Trademark Act 1969

International Conventions

Paris Convention for Protection of Industrial Property, Madrid Agreement, Madrid Protocol

International Classifications

Nice Classification

Application/ Registration System

Single-class system

Examination basis

Absolute grounds and relative grounds

Publication Sources

Official Gazette.

Publication after registration

No

Period for opposition

8 months from the date of publication in OG

Filing basis

    Use     Intention to use     Use Declaration

Use to protect against cancellation actions

For five (5) years from registration date

Use by registered license

Will inure to  benefit of registered owner and satisfies use requirement provided that the license is duly recorded with TMO

Appellate authority (administrate)

Trademark Office

Appellate authority (judicial)

Civil Court upto High Court

Validity of Registration

Ten(10) years from filing date

Time span for registration procedure

Eight (8) to Tweleve (12) months from month of application

Renewal

Last tweleve(12) months of the current protection period

Grace period for late renewal

3 months

Enforcement of TM rights

  • Registered TM

 

Administrative:

No
Criminal:

Intellectual Property Court
Civil:
Intellectual Property Court

 

  • Unregistered TM

 

Civil:

  • Intellectual Property Court (infringment)

             

Legal System

Common Law

Service

Description

Official Fees (USD)

Proffesional Fees (USD)

Total Fees (USD)

New Application Filing New Application 70 200 270
  Publication in TMJ 40 50 90
  Registration of trade/ service mark 120 70 190
Renewal of Trademark Application within last year of validity 140 250 390
  Application within after expiry 170 250 420
  Publication in TM Journal 35 75 110
Recordal of Assignment Recordal of Assignment 170 180 350
  Publication in TM Journal 35 95 130
  Change of Service Agent Fees 40 50 90
Recordal of  License Recordal of License 235 100 335
  Publication in TM Journal 35 95 130
  Change of Service Agent Fees 40 50 90
Recordal of Merger Recordal of Merger 40 80 120
  Publication in TM Journal 35 95 130
  Change of Service Agent Fees 40 50 90
Recordal of Change of Name Recordal application 40 50 90
  Publication in TM Journal 35 95 130
  Change of Service Agent Fees 40 50 90
Recordal of Change of Address Recordal application 40 50 90
  Publication in TM Journal 35 95 130
  Change of Service Agent Fees 40 50 90
Recordal of Change of Name & Address Recordal application 80 100 180
  Publication in TM Journal 35 95 130
  Change of Service Agent Fees 40 50 90
Miscellaneous Late Filing of Document 0 50 50
  Arabic Translation of supporting documents (per page) 0 60 -
  Obtaining certified copy of registration certificate 30 45 75
  Preparing black and white prints   30 40
  Filing an argument with TMO   250 250
  Filing an appeal with the TMO 100 350 450
  Attending each hearing session at the TMO   75 75
  Preparing and filing of an opposition with the TMO 20 500 520
  Preparing and filing of a counterstatement with the TMO   500 500
  Attending each hearing session at the TMO   75 75
  Claiming priority 0 100 100

Service

Requirements

New Trademark Applications Full name and address of the applicant
  Full description of goods or services to be covered by the application.
  Meaning of the mark, if any.
  Location of enterprise/ project
  Specimen of the mark.
  Certified copy of foreign application, if priority is claimed
  Power of Attorney, simply signed and stamped by the applicant. Please note that ONE legalized Power of Attorney will be sufficient for filing all present and future trademark or applications in the name of the same client.
  Certificate of Incorporation, duly legalsied up to the Sudanese Consulate in applicant's home country.
Renewal Full name and address of the applicant.
  Full description of goods and services.
  A copy of registration certificate.
  Power of Attorney, in our favor from the client. This document MUST be simply signed and stamped by the applicant. Please note that ONE legalized Power of Attorney will be sufficient for filing all present and future trademark or renewal applications in the name of the same client.
 
  Certificate of Incorporation, duly legalsied up to the Sudanese Consulate in applicant's home country.
RECORDAL OF ASSIGNMENT A Power of Attorney from the ASSIGNEE (the new owner of the trademark), leglaised up to the Sudan Consulate in applicant's home country.
  An Assignment Agreement, also legalized up to the Sudanese Consulate
  Sudan Certificate of Registrations of the trademarks involved.
  Certificate of Incorporation, duly legalsied up to the Sudanese Consulate in applicant's home country.
RECORDAL OF CHANGE OF NAME AND ADDRESS A Certificate of Change of Name and Address, duly legalized up to the Sudanese Consulate.
  A Power of Attorney, reflecting the new name and address, also legalized up to Sudan Consulate.
  Sudan Certificate of Registrations of the trademarks involved.
  Certificate of Incorporation, duly legalsied up to the Sudanese Consulate in applicant's home country.
RECORDAL OF CHANGE OF NAME  A Certificate of Change of Name, duly legalized up to the Sudan  Consulate.
  A Power of Attorney, reflecting the new name and address, also legalized up to Sudan Consulate.
  Photocopies of the Sudan Certificate of Registrations of the trademarks involved.
  Certificate of Incorporation, duly legalsied up to the Sudanese Consulate in applicant's home country.
RECORDAL OF CHANGE OF ADDRESS A Certificate of Change of Address, duly legalized up to the Sudan Consulate.
  A Power of Attorney, reflecting the new name and address, also legalized up to Sudan Consulate.
  Sudan Certificate of Registrations of the trademarks involved.
  Certificate of Incorporation, duly legalsied up to the Sudanese Consulate in applicant's home country.
RECORDAL OF LICENSE A trademark License Agreement, legalized up to the Saudi Arabia Consulate.
  A Power of Attorney in the name of the licensee duly legalized up to the Consulate of the Sudan
  Registration certificate of the trademark covered by the license and sub-license.
 
Q1) Does Sudan follow a single-class or a multi-class system for filing trademark applications?
A1) Sudan follows a single-class application system under which a separate application must be filed for each class of goods or services.
 
Q2) Are the official fees affected by the number of classes in the event of several applications for the same trademark?
A2) No. The same official fees apply for each class.
 
Q3) Does your firm allow discounts for several applications filed at the same time.
A3) Yes. The rate of discount depends on the number of the classes/applications involved.
 
Q4) What information and documents needed for filing trademark applications?
A4) Please refer to the filing requirements appearing in Sudan pages of this website.
 
Q5) Is there any grace period for filing the legalized Power of Attorney later?
A5) Yes, the applicant can file the notarized POA and the legalized Certificate of Incorporation within one month from the date of filing.
 
Q6) Is Nice Classification adopted in Sudan?
A6) Yes.
 
Q7) Are all classes and products/services provided for in Nice Classification allowed in Sudan?
A7) Under article 5 of Sudanese Trademark Act 1969 not all goods or services included in one class may be filed in one application. This means that the applicant shall delete one item at least of the class heading of the application or file a separate application.
 
Q8) Is registration of series and certification marks allowed under Sudan Law?
A8) Yes.
 
Q9) Is registration of three dimensional marks possible?
A9) No
 
Q10) Would a single trademark registration be valid and enforceable in all Sudan?
A10) Yes.
 
Q11) Are well known marks protected in Sudan?
A11) Yes.
 
Q12) What is the duration of validity of a trademark registration?
A12) 10 years to be counted from the application date.
 
Q13) Is it possible to assign trademark applications?
A13) No.
 
Q14) Is it possible to assign registered trademarks?
A14) Yes
 
Q15) Is it possible to license a registered trademark?
A15) Yes.
 
Q16) Would use under a trademark license satisfies use requirement and protect a trademark registration against cancellation actions based on non-use?
A16) Yes, provided that a trademark license agreement has been duly recorded in respect of the trademark registration.
 
Q17) Is there any grace period for renewal of a trademark registration after the expiry of the registration?
A17) Yes. A grace period of 6 months is allowed.
 
Q18) Is it possible to file criminal proceedings for an infringement of an un-registered trademark?
A18) Yes.
 
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