Trademark registration in Sudan. Sudan, officially the Republic of the Sudan, is a country in Northeast Africa. Sudan’s history goes back to the Pharaonic period, witnessing the Kingdom of Kerma (c. 2500–1500 BC). Back to present days, Sudan was once considered the 17th-fastest-growing economy in the world, and the rapid development of the country largely from oil profits even when facing international sanctions. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in Sudan.
Necessary documents for trademark registration in Sudan
Necessary documents for trademark registration in Sudan include:
- The application for trademark registration;
- Detailed information of the applicant (name, nationality, address, etc.);
- Detailed information of the representative or attorney (name, nationality, address, etc.);
- Classification of goods and/or services;
- Trademark sample;
- Priority documents (If any);
- The prescribed fee;
- Other necessary documents.
The procedure of trademark registration in Sudan
To obtain trademark protection in Sudan, the applicant needs to file their trademark application to the Trademark Office in Sudan.
The examiners will carefully examine the trademark through a formal examination, an examination of distinctiveness, and a search for prior trademarks.
If there are any errors in the application, the Registrar of Trademarks will have reasons to reject the application.
If the application is rejected, the applicant may appeal the decision to the Registrar for reviewing the rejection.
In the case where the appeal is rejected once more, the applicant may further appeal such rejection to the court of law.
Publication and opposition period
If there are no issues and the Registrar deemed the application is registrable, it will be published in the official gazette.
After publication, the trademark will be opened for a 6 months opposition period (8 months for non-residents) in which any third parties may file for oppositions of the trademark registration.
If there are oppositions and the applicant disagrees with the result, he/she may appeal the decision to the court.
If there are no opposition actions filed, the trademark is registered and the applicant receives the trademark registration certificate.
It should be noted that a declaration of nationality stating that the nationality of the applicant has not been changed since the filing of the application is frequently requested before the issuance of the trademark registration certificate in Sudan.
Use requirement of a trademark in Sudan
To be able to file for trademark registration in Sudan, the mark is not needed to be used beforehand.
The use is also not needed for maintaining trademark registration in force.
However, it should be noted that a registered trademark is vulnerable to cancellation if there had been no use of the mark in Sudan during 5 consecutive years after registration of the mark.
Furthermore, any third parties who feel like their rights are violated and have evidence that the trademark is registered in bad faith can demand the cancellation of the trademark on the basis of a court order.
Notes when registering a trademark in Sudan
Trademark registration in Sudan is valid for 10 years and starts with the registration date. Every 10 years, the trademark owner may file for renewal of the trademark to extend its protection period for another 10 years.
It takes approximately 1-3 years from the first filing to the registration of the trademark. However, this period can extend dramatically depending on the number of applications at the IP Office at that moment and the situation of society.
Sudan is a member of the Madrid Agreement Concerning the International Registration of Marks since 1984, the Madrid Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks since 2010. Accordingly, applicants can acquire trademark protection in Sudan by filing their trademark application through the Madrid System.
You can see a list of Sudan IP firms here.