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Sudan

Trademarks

General Information
  • Classification - 9th edition – single class filing. Class 33 and alcoholic goods in class 32 cannot be registered
  • Search - Possible for word and device marks
  • Examination - Both formality and substantive
  • Opposition Period - 8 months from publication date
  • Extension of time - Possible for filing counter oppositions and responding to office actions
  • Term of Protection - 10 years from filing date and renewable for like periods
  • Use - Mark is vulnerable to cancellation action by interested parties in the event of no bona fide use of the mark for a period of 5 consecutive years after registration date

Filing Requirements
  • Power of Attorney duly notarized.
  • Extract from the Commercial Register or Articles of Association or Incorporation, if the applicant is a corporate body, duly legalized by the Sudanese Consulate.
  • In case of claiming priority, a certified copy of a corresponding home or foreign application of the trademark.

Renewal
  • Power of Attorney duly notarized.

Assignment
  • Deed of Assignment, duly legalized by the Sudanese Consulate.
  • Certificate of Incorporation of the assignee duly legalized by the Sudanese Consulate.
  • Power of Attorney from the Assignee duly notarized.

Merger
  • Certificate of Merger duly legalized by the Sudanese Consulate.
  • Power of Attorney from the company surviving the merger duly notarized.

License
  • License Agreement duly legalized by the Sudanese Consulate.
  • Power of Attorney from the Licensee, duly notarized
  • Extract from the Commercial Register or Certificate of Incorporation of the Licensee, duly legalized by the Sudanese Consulate.

Change of Name or Address
  • Certificate of Change of Name and/or Address duly legalized by the Sudanese Consulate.
  • Power of Attorney, in the new name and/or address, duly notarized.

Custom Recordal
  • Power of Attorney from the applicant duly notarized.
  • Certified copy of the certificate of registration of the relevant trademark.
  • Certificate of Incorporation or Extract from its Commercial Register, duly notarized.
  • Print of each relevant trademark.
  • Certified copy of the contractual exploitation agreement, in case of local licensee.
  • Prints of the genuine products, (optional).

Patents

General Information
  • Search - Available
  • Examination - Formality and unity of invention only
  • Publication - Published on grant
  • Opposition - 2 months from publication date
  • Annuities - The annuity for patent application filed shall be due for payment starting from the 1st annuity at the beginning of each calendar year
  • Term of protection - 20 years from filing date
  • Exploitation - Yes, within a period of four years from the date of the filing of an application, or three years from the date of the grant, whichever period expires last

Filing Requirements
  • PCT Route -
  • Power of Attorney duly legalized by the Sudanese Consulate.
  • Copy of International Preliminary Examination Report or a copy of International Search Report.
  • Copy of PCT Publication.
  • National Route -
  • Power of Attorney duly legalized by the Sudanese Consulate.
  • Extract from the Commercial Register or Articles of Association or Incorporation, if the applicant is a corporate body, duly legalized by the Sudanese Consulate.

Industrial designs

General Information
  • Term of Protection - 5 years from filing date
  • Examination - Formality and novelty
  • Application with multiple figures - Acceptable for up to 50 figures
  • Opposition Period - 2 months from publication date
  • Renewal - Allowed for two consecutive terms of 5 years each with a grace period of 6 months allowed to pay renewal fees after the lapse of the legal period on condition that a late renewal fee is paid
  • Registration Time Frame - Between 6 months and one year

Filing Requirements
  • Power of Attorney duly legalized by the Sudanese Consulate.
  • Extract from the Commercial Register or the certificate of Incorporation, duly legalized by the Sudanese Consulate.
  • Specimen of the industrial Design or a photographic picture or a sketch drawing, showing clearly the design (in colors if applicable).
  • Certified copy of the priority document, in case of claiming priority.



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