Sudan

General Information

• Capital: Khartoum
• Population: 34.4 million
• Area: 2 505 813 km2
• Languages: Arabic - official language, English
• Exports: Cotton; sesame seed; meat; livestock; gum arabic
• Imports: Petroleum and petroleum products; machinery and equipment; foodstuffs; manufactured goods; chemicals; textiles
• Currency: Sudanese Dinar

Trade Marks

International Conventions

WIPO, WTO, Paris Union, Madrid Agreement.

Requirements for Application

(a) Power of attorney (in Arabic), simply signed.
(b) If applicant is a company, an extract from the commercial register or a copy of the certificate of incorporation, legalised up to Sudanese consular level.
(c) Ten prints and a printing block of the trade mark - word and device marks.

Classification

International classification of goods and services. No application may be made for alcoholic products. A separate application is required for each class.

Procedure

Applications are examined as to inherent registrability and conflict with prior registrations/pending applications.

Opposition

Any person may, within six months from the date of advertisement for Sudanese residents and eight months for foreigners, file a notice of opposition.

Extension of the opposition period is not possible. 

Use

Registration may be cancelled on the ground of non-use over a period of five years.

Duration and Renewal

A trade mark registration is effective for an initial period of ten years and, thereafter, renewable for like periods.

Licensing/Registered Users

Licensing is recognised. Recordation of the license agreement is required to be legally binding.

The license agreement must provide for quality control by the licensor. 

Requirements

(a) License agreement;
(b) Power of attorney from the proprietor;
(c) Power of attorney from the licensee.

Assignments

Assignments are possible and may be made with or without goodwill of the business

Requirements

(a) Deed of assignment;
(b) If applicant is a company, an extract from the commercial register or a copy of the certificate of incorporation, legalised up to Sudanese consular level;
(c) Power of attorney from the assignee.

Marking of Goods

Notice of registration by use of the legend ‘Registered Trade Mark’ or suitable abbreviation (eg. ‘Regd. Tm.’) or symbol ® optional.

Follow importer’s instructions or specific contract specifications. Articles of gold must be hallmarked. Most cotton piece goods are to be folded in exact metre lengths. Each piece must be visibly marked on the exterior to indicate the exact number of metres contained in the piece. The markings must be stamped into the material, printed on it or be shown by tickets affixed to the piece. Certain cotton goods for retail sale must be labelled to show length or weight (in metres or kilograms).

Patents

General

Patent protection is obtainable via a national filing. Sudan is a member of the International Convention, PCT and of ARIPO.

Patentable Subject Matter

Any invention which is new, involves an inventive step and is capable of industrial application is patentable. Any invention constituting an improvement upon a patented invention is patentable if it is new, involves an inventive step, and is capable of industrial application. However, patents will not be granted for principles and discoveries of a scientific nature, or for inventions the publication or exploitation of which would be contrary to public order or morality.

Filing Requirements

Legalization up to Sudanese Consular level is required but no notarisation. A specification in English or Arabic is needed.

Novelty

An invention is new if it has not been disclosed to the public anywhere and at any time whatsoever, by means of a written or oral disclosure, by use, or in any other way, before the date of filing of the patent application or the priority date. A grace period of six months preceding the filing date or the priority date is provided for exhibition by the inventor or his successor in title at an official or officially recognized international exhibition.

Examination

Examination is restricted to form and to unity of invention only.

Duration/Maintenance

A patent is valid for twenty years from the date of filing the application subject to payment of annual maintenance fees as from the first anniversary of the date of filing. A six-month grace period is allowed for late payment.

Working

Working of patents is an official requirement. If the owner of a patented invention does not satisfy the Working requirements within four years from the date of filing or three years from the date of grant, the patent will be subject to compulsory licensing.

Licences/Assignments

Licences and Assignments must be recorded to be effective against third parties.