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Sudan (SD)

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06-16-2015 (Newsletter Issue 9/15)
Official Stamp Fees Increased
The Sudanese Trademarks Registrar has increased the official stamp fees for filing trademark application in one class in Sudan from SDG 100 to SDG 200. The increase is effective immediately for all new applications.

Source: JAH & Co. IP, Qatar


04-15-2015 (Newsletter Issue 6/15)
Official Fees Increased
The Sudanese IP office announced that the official fees for filing trademark applications in one class including stamp duty in Sudan has been increased to SDG 233 instead of SDG 133 as from March 1, 2015.

Source: www.agip.com


07-04-2014 (Newsletter Issue 11/14)
TM Filings Now Possible in South Sudan
The Business Registry within the Ministry of Justice in South Sudan is now accepting and processing applications for the registration of trade marks.

In dealing with these, the South Sudan Registry has taken an executive decision to be guided by the Sudan Trade Marks Act of 1969 despite that statute’s official inapplicability to South Sudan. There is still no actual trade mark law in South Sudan or any indication of its proposed date or content. This means that the system in place has no statutory authority.

Trade mark owners may decide to proceed on the pragmatic basis that the process is being conducted by the Ministry of Justice and therefore it is likely the Government will recognise it, to the extent that:

- A certificate issued under the present procedure will be cited against a later application under the same or a subsequent system, so the first to file has the advantage.
- A formal Act, when passed, will ratify what has been done.
- The present certificates may be recognised to some extent in any litigation that may be conducted before a new law is enacted.

The resulting registration is stated to be for ten years from the filing date. It is hoped that proper law and procedures will be implemented within that term, under which the original filing date will be preserved.

For further information, please click here

Source: Spoor & Fisher, South Africa


07-17-2012 (Newsletter Issue 11/12)
New Trademark Circular
The Registrar of Trademarks in Sudan has issued Trademark Circular No. 1 on 18 June 2012. It was adressed to all IP Agents and Trademarks Owners for the purpose of organization of work and procedures and came into effect on 8 July 2012:

1. Upon submission of the new trademark applications the Trademarks Registrar will request the applicant to complete or correct the application within one month if he finds out that the newly filed application is incomplete or incorrectly filled up; otherwise the application will be considered abandoned.

2. The applicant must pay the registration fees of a trademark and complete registration procedures and issuance of registration certificate within 2 months from the expiry of opposition term (maximum 8 months) in accordance of article no. 18 Law 1; otherwise the application will be considered abandoned.

3. It is a must to comply with the relevant provisions of article no. 19 (1) of the Sudanese Trademarks Law in the effect that application for renewal of a trademark registration should be filed within six months before expiry of registration term with a grace period of six months after expiry date for late renewal with penalty. The Registrar has allowed a six months from 8 July 2012 for renewal of trademarks that have already expired and not renewed on time, otherwise the registrations will be considered lapsed.

4. The Power of Attorney stamped by the corporate seal of the company and notarized by Notary Public will be acceptable without legalization up to the Sudanese Consulate. However, the Extract from the Commercial Register and the Certificate of Incorporation are still required to be legalized up to the Sudanese Consulate in compliance with article no. 10 (1) of the Sudanese Trademarks Law of 1969.

According to the old practice adopted at the Sudanese Trademarks Office it was permitted to file trademark applications and obtain filing number and date as well as the official filing certificate without the complete required documents which can be submitted at a later stage after filing within a period of three months; whilst the Registrar now issued internal circular to the staff of the Trademark Office to receive applications only when the notarized Power of Attorney and the legalized Certificate of Incorporation are submitted along with the application.

Source: JAH, Doha, Qatar


02-21-2012 (Newsletter Issue 3/12)
ISO Code for South Sudan
The country code "SS" has been assigned for South Sudan announced by the newsletter of the ISO 3166 Maintenance Agency. To access the notice, please click here

Source: www.iso.org


01-23-2012 (Newsletter Issue 1/12)
TM Registration in Southern Sudan
The Ministry of Justice in Southern Sudan has issued directives to officials at the Trademark Office that they adopt certain procedures known as “Reservation of a Trademark” until issuance of a trademark law. The said procedures could be summarized as follows:

1) A written application is submitted to the Registrar indicating the trademark sought to be protected, as well as prints of the mark in question.
2) The Registrar will conduct search in the data base of the Registry to ascertain whether the mark is registered or not.
3) If the mark is not registered, it will be “reserved” in applicant’s name, and no other person will be allowed to use the said mark.

Please note that no official fees have been fixed yet for such procedure.

Source: SMAS Intellectual Property, Sudan


11-08-2011 (Newsletter Issue 13/11)
Simply Signed PoA Now Accepted
The Sudanese Registrar has announced that with effect from the beginning of October 2011, a simply signed Power of Attorney is accepted instead of a legalized Power of Attorney for filing trademarks, designs, patents and renewals applications.
The deadline for filing the original documents is three months from the application date.

A legalized copy of the commercial register is, however, still required for new applications.

Source: NJQ & Associates


09-01-2011 (Newsletter Issue 10/11)
IP Protection in South Sudan
The new state South of Sudan which was extracted from the main land of the Republic of Sudan has been announced on July 9th, 2011,
Since there are no IP Laws in the new state, the Sudanese Laws will be applicable until the issuance of their own law. Any registrations at the Sudan office will be valid at the new state and enforceable as well till further notice.

Source: NJQ & Associates


Legal basis is the Trademark Act of 1969, in force since September 9th, 1969.
Sudan is a member of the Madrid Agreement, the Madrid Protocol and the ARIPO.
Trademark protection is obtained by registration.
Nice classification, 9th edition
Exception: Class 33 and alcoholic goods in class 32
Registrable as trademarks are words, devices and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks, collective marks and certification marks.
The application is filed at the Intellectual Property Office (Trademark Department).
A separate application has to be filed for each class.
Foreign applicants need a local agent.
A notarized signed Power of Attorney stamped by the applicant’s stamp is accepted for filing trademarks, designs and renewals applications.
The deadline for filing the original documents is three months from the application date.
A legalized copy of the commercial register is still required for new applications.
Foreign applicants do not need a domestic registration.
Note: The Registrar in Sudan sometimes asks for a certified copy of the corresponding home registration of the trademark.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The time frame for completing the filing of a trademark is 1 to 3 months subject to fulfilling all the documentation. The whole registration process of a trademark takes 1 to 3 years.
Prior to registration, the trademark application is published in the official gazette.
National:
The opposition period is 6 months from the publication date of the application for interested persons who are resident in Sudan; 8 months from the publication date of the application for interested persons resident outside Sudan.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from registration or has later not been used for 5 consecutive years, it may be subject to cancellation.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is SDG 233.00 in one class.
The official publication fee in the Official Gazette is SDG 60.00 and the registration fee is SDG 270.00

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 290,00 € 230,00 € 
Word Mark Search (identical) 260,00 € 200,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
06-28-2017
Abu-Ghazaleh Intellectual Property, Khartoum, Sudan

05-10-2016
Abu-Ghazaleh Intellectual Property, Khartoum, Sudan

12-02-2014
Abu-Ghazaleh Intellectual Property, Khartoum, Sudan

08-03-2013
Abu-Ghazaleh Intellectual Property, Khartoum, Sudan

10-28-2010
Allied IP Attorneys, Dubai, United Arab Emirates

10-05-2010
Abu-Ghazaleh Intellectual Property, Khartoum, Sudan
Dr. Adam & Associates Intellectual Property Group Attorneys At Law, Khartoum, Sudan



The Registrar General Of Intellectual Property (Ministry Of Justice )
P.O. Box 744
Khartoum
Sudan
Tel +249 183 76 05 80
Fax +249 183 77 98 41
www.moj.gov.sd
P.O. Box 744

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int

African Regional Industrial Property Organization (ARIPO)
11 Natal Road
Belgravia
Harare
Zimbawe

P.O. Box 4228

Tel +263 47 94 0 65 68
Fax +263 47 94 07 2 or 3
Mail mail@aripo.org
www.aripo.org