SUDAN - The organizations associated with the country are - World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC). The Conventions regulated for the country are - Berne Convention, Brussels Convention, Paris Convention, Patent Law Treaty, Rome Convention, Trademark Law Treaty, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, Budapest Treaty, Madrid Protocol, Nice Agreement.

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Organizations

World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC).

Conventions

Berne Convention, Brussels Convention, Paris Convention, Patent Law Treaty, Rome Convention, Trademark Law Treaty, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, Budapest Treaty, Madrid Protocol, Nice Agreement

Power of Attorney

Protection Term:

Trademark registrations are valid for 10 years from filing date and are renewable for like periods. There is a grace period of 6 months for late renewals of a trademark.

Classification:

The International Classification of Goods and Services (9th Edition) is followed. However, class 33 and alcoholic goods in class 32 cannot be registered in Sudan. A separate application is required for each class.

Opposition:

Trademark applications accepted by the Registrar are published in the Official Gazette. Oppositions may be filed within 8 months from publication date.

Power of Attorney:

General Power of attorney is sufficient for continuous application.

Use Requirements:

Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 5 consecutive years preceding the date of filing for cancellation.

Assignment:

Trademarks may be assigned with or without the goodwill of the business concerned and May be recorded for registrations only.

License:

License recordation is not compulsory to be effective against third parties and May be recorded for registrations only.

Merger:

May be recorded for registered marks.

Change of Name/Address:

May be recorded for registered marks.

Time Frame:

Conducting search is between 3 to 5 working days, Registration/Renewal process is within 12 to 18 months and Recordation process within 08 to 12 months.

Filing Requirements:

  • Power of Attorney duly legalized up to Sudanese consulate.
  • Certificate of incorporation or Extract from the Commercial register duly legalized as above.
  • Simply signed Declaration of nationality.
  • A priority document if priority is to be claimed.

Renewal:

  • Power of Attorney duly legalized up to the Sudanese consulate (in case we are not the agents of record).

Assignment:

  • A separate Power of Attorney signed by the assignee and assignor duly legalized up to Sudanese consulate.
  • Deed of assignment signed by both parties duly legalized as above.
  • Certificate of incorporation or Extract from the Commercial register duly legalized as above.
  • Original certificate of registration for endorsement purposes.

License:

  • Power of Attorney signed by the licensee duly legalized up to Sudanese consulate.
  • License agreement signed by both parties duly notarized.
  • Certificate of incorporation or Extract from the Commercial register duly legalized as above.
  • Original certificate of registration for endorsement purposes.

Merger:

  • Power of Attorney duly legalized up to Sudanese consulate.
  • Certificate of merger duly legalized as above.
  • Original certificate of registration for endorsement purposes.

Change of Name/Address:

  • Power of Attorney in the new name/address duly legalized up to Sudanese consulate.
  • Certificate of change of name/address duly legalized as above.
  • Original certificate of registration for endorsement purposes.

Protection Term:

The term of protection is 20 years from filing date.

Annuities:

A maintenance fee is due annually on the anniversary of the filing date and is payable before the granting of the patent. There is a 6-month grace period for late payment with a surcharge.

Opposition:

No provisions.

Search:

Not Applicable.

Examination:

As to form only.

Compulsory License:

A patent has to be worked. If the patent is not being fully exploited by the patentee within 4 years from the date of filing or 3 years from the date of grant, then the patent will be subject to compulsory licensing under the provisions of the law.

Novelty Requirements:

Absolute novelty is required.

Filing Requirements:

  • Power of Attorney duly legalized up to Sudanese consulate at applicant end.
  • Certificate of incorporation or Extract from the Commercial register duly legalized as above.
  • A priority document, if priority is to be claimed.
  • Particulars of the application on the basis of which priority is claimed (Additional for PCT).
  • International publication number and date (Additional for PCT).
  • A certified copy of the PCT application (Additional for PCT).

Assignment:

  • A separate Power of Attorney signed by the assignee and assignor duly legalized up to Sudanese consulate.
  • Deed of assignment signed by both parties duly legalized as above.
  • Certificate of incorporation or Extract from the Commercial register from the assignee duly legalized as above.

License:

  • A separate Power of Attorney signed by the licensee duly legalized up to Sudanese consulate.
  • License agreement signed by both parties duly notarized.
  • Certificate of incorporation or Extract from the Commercial register from the licensor duly legalized as above.

Merger:

  • Power of Attorney duly legalized up to Sudanese consulate.
  • Certificate of merger duly legalized as above.

Change of Name/Address:

  • Power of Attorney in the new name/address duly legalized up to Sudanese consulate.
  • Certificate of change of name/address duly legalized as above.

Protection Term:

5 years from filing date.

Examination:

As to form only.

Renewal:

For two consecutive terms of 5 years each.

Applications with Multiple Figures:

Admissible up to 50 figures.

Filing Requirements:

  • Power of Attorney duly legalized up to Sudanese consulate.
  • Certificate of incorporation or Extract from the Commercial register duly legalized as above.
  • A priority document if priority is to be claimed.

Assignment:

  • Power of Attorney signed by the assignee duly legalized up to Sudanese consulate.
  • Deed of assignment duly legalized as above.
  • Certificate of incorporation or Extract from the Commercial register duly legalized as above.

License:

  • Power of Attorney signed by the licensee duly legalized up to Sudanese consulate.
  • License agreement signed by both parties duly notarized.
  • Certificate of incorporation or Extract from the Commercial register duly legalized as above.

Merger:

  • Power of Attorney duly legalized up to Sudanese consulate.
  • Certificate of merger duly legalized as above.

Change of Name/Address:

  • Power of Attorney in the new name/address duly legalized up to Sudanese consulate.
  • Certificate of change of name/address duly legalized as above.