Trademarks Law in Sudan
Trademark law in Sudan is governed primarily by the Industrial Property Rights Act, 2010, which regulates the registration, protection, and enforcement of trademarks and other industrial property rights in the country.
📄 Trademark Registration Process in Sudan
Application Submission
Applications are filed with the Industrial Property Office under the Ministry of Justice or the relevant governmental body responsible for intellectual property.
The application must include a clear representation of the trademark and specify the goods and services according to the Nice Classification.
Examination
The Industrial Property Office conducts a formal examination and a substantive examination to assess registrability, distinctiveness, and conflicts with prior marks.
Publication
Accepted trademarks are published in the Official Gazette to allow third parties to file oppositions.
Opposition
Third parties have a statutory period (usually 60 days) after publication to oppose the registration.
Registration
If no opposition is filed or any opposition is resolved in favor of the applicant, the trademark is registered, and a certificate of registration is issued.
⏳ Duration and Renewal
Initial Registration Period: 10 years from the filing date.
Renewal: Can be renewed indefinitely for successive 10-year terms.
Grace Period: Late renewals may be allowed with payment of additional fees.
⚖️ Use Requirement and Cancellation
A trademark may be subject to cancellation if not used genuinely in Sudan for a continuous period (often 3 to 5 years).
Cancellation can be requested by third parties or initiated by the Trademark Office.
🌍 International Treaties
Sudan is a member of the Paris Convention for the Protection of Industrial Property, allowing priority claims based on earlier filings in member countries.
Sudan is not currently a member of the Madrid Protocol.
Sudan is also a party to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) through its WTO membership.
🛡️ Enforcement and Remedies
Trademark owners may enforce their rights through civil courts and administrative procedures.
Remedies include injunctions, damages, seizure, and destruction of counterfeit goods.
✅ Summary
Sudan’s trademark system is governed by the Industrial Property Rights Act 2010.
Registration involves examination, publication, opposition, and issuance of a certificate.
Trademark protection lasts 10 years, renewable indefinitely.
Use requirements and cancellation for non-use apply.
Sudan participates in international treaties like the Paris Convention and TRIPS but is not part of the Madrid Protocol.
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