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Sudan - Jurisdictions

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Sudan
Jurisdiction

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TRADEMARK
Registration
    Information:
    • MEMBERSHIP:
      WIPO, ARIPO, Berne Convention, Paris Convention, Patent Law Treaty (Signature), Madrid Agreement (Marks), Madrid Protocol, Patent Cooperation Treaty
    • CLASSIFICATION:
      9th edition – single class application.
      Class 33 and alcoholic goods in class 32 cannot be registered
    • CLAIMING PRIORITY:
      Possible
    • SEARCH:
      Possible for word and device marks
    • EXAMINATION:
      On formal, absolute, and relative grounds
    • EXTENSION OF TIME:
      Possible for filing oppositions, counter oppositions, and responding to office actions
    • VALIDITY:
      10 years as from the filing date
    • RENEWAL:
      For unlimited period of 10 years each
    • GRACE PERIOD:
      6 months from the protection’s expiry date
    • USE:
      Vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 5 consecutive years after registration date
    Requirements:
    1. A Power of Attorney duly notarized by a Notary Public;
    2. A certified copy of the Extract from the Commercial Register or Articles of Incorporation or any equivalent document duly legalized up to the Sudanese Consulate;
    3. Twenty prints of the mark; and
    4. A certified copy of home or foreign application, if priority is claimed.
      • The Power of Attorney could be filed belatedly at an extra cost.
    Time frame:
    1. Filing up to Examination: 4 months
    2. Examination up to Publication: 4 months
    3. Opposition Period: 8 months from the publication date
    4. End of opposition period up to issuance of registration certificate: 2-4 months
    5. Total estimated time frame: 18-20 months
      6. The above time frame is for a normal/smooth processing of a trademark application, in case of no objections by the trademark examiner or no oppositions from a third party.
Renewal
    Filing Requirements:
    1. A Power of Attorney duly notarized by a Notary Public.
Change of Name or Address
    Filing Requirements:
    1. A Power of Attorney duly notarized by a Notary Public;
    2. Certificate of change of name/address, legalized; and
    3. Certificate of registration for endorsement.
Assignment
    Filing Requirements:
    1. A Power of Attorney duly notarized by a Notary Public;
    2. Deed of assignment, legalized;
    3. Forms Nos. T. M. 11 and T. M. 12, legalized ;
    4. Certificate of incorporation of the assignee with certified English translation, legalized; and
    5. Certificate of registration for endorsement.
    • Trademarks may be assigned with or without the goodwill of the business concerned.
    • May be recorded for registrations only.
    • Separate POAs must be submitted by assignee and assignor.
Merger
    Filing Requirements:
    1. A Power of Attorney duly notarized by a Notary Public; and
    2. Certificate of merger, legalized.
    • May be recorded for registrations only.
License
    Filing Requirements:
    1. A Power of Attorney duly notarized by a Notary Public;
    2. License agreement, legalized;
    3. Certificate of incorporation of licensee, legalized; and
    4. Certificate of registration for endorsement.
    • License recordal is not compulsory but advisable in order to be effective against third parties.
    • May be recorded for registrations only.
    • Separate POAs must be submitted by licensor and licensee.
PATENT
Information
    Information:
    • EQUIVALENT SEARCH:
      Not available
    • EXAMINATION:
      As to form, novelty, inventive step and industrial applicability
    • PUBLICATION:
      Not available
    • OPPOSITION:
      No provisions
    • ANNUITIES:
      Due annually on the anniversary of the filing date and payable prior to grant.
      6 - month grace period for late payment with a surcharge
    • PROTECTION TERM:
      20 years from the filing date
    Requirements:
    1. A Power of Attorney duly notarized by a Notary Public;
    2. An Extract from the Commercial Register or from the Memorandum of Association, if the applicant is a company or body corporate, duly legalized up to the Sudanese Consulate;
    3. An Assignment Deed duly legalized up to the Sudanese Consulate, if the applicant is not the inventor;
    4. Two copies of specifications, claims, abstract and drawings, if any; and
    5. A copy of the PCT application as published with the Search Report and Preliminary Examination Report, in case of entering a National Phase under the PCT Scheme.
Change of Name or Address
    Filing Requirements:
    1. Power of Attorney, legalized (If new name);
    2. Certificate of change of name/address, legalized; and
    3. Certificate of incorporation, legalized.
Assignment
    Filing Requirements:
    1. Power of Attorney, legalized (From assignor and/or assignee);
    2. Deed of Assignment, legalized; and
    3. Certificate of incorporation of assignee, legalized.
Merger
    Filing Requirements:
    1. Power of Attorney, legalized (If new entity formed);
    2. Certificate of merger, legalized ; and
    3. Certificate of incorporation if new entity formed, legalized.
License
    Filing Requirements:
    1. Power of Attorney, legalized (From licensor and/or licensee);
    2. License agreement, legalized; and
    3. Certificate of incorporation of licensee, legalized.
DESIGN
Information
    Information:
    • DURATION:
      5 years from filing date
    • EXAMINATION:
      As to form only
    • APPLICATION WITH MULTIPLE FIGURES:
      Admissible for up to 50 figures
    • RENEWAL:
      Allowed for two consecutive terms of 5 years each
    • REGISTRATION TIME FRAME:
      Approximately one year
    Requirements:
    1. A Power of Attorney duly notarized by a Notary Public;
    2. An Extract from the Commercial Register or from the Memorandum of Association, if the applicant is a company or body corporate, duly legalized up to the Sudanese Consulate;
    3. Full description of the design with photographic pictures of the industrial design in color (if possible); and
    4. A certified copy of the priority document, in case of claiming priority.
    • All documents, except for the copy of the priority document, must be submitted at the time of filing.
COPYRIGHT
Information
    Information:
    • MEMBER OF BERNE CONVENTION:
      Yes
    • REGISTRATION:
      Possible for nationals and foreigners
    • REGISTRATION TIME FRAME:
      1 month
    • DURATION:
      In general, the duration is the artist’s life with the addition of 50 years following the artist’s date of passing
    • WORKS PROTECTED:
      Written works; Works of fine arts whether drawing, photography, painting, engraving, sculpture, or decoration and works of similar nature; Songs and musical works; Dramatic works; Photographic works and cinema and television films; All kinds of maps and manuscripts related to geography, topography or science
    • LIMITATIONS ON PROTECTIONS:
      Works which have been vested to public ownership; Official documents; Daily news or any occurrences of similar nature published in newspapers, magazines, periodicals, radio or television; Collections that contain parts or extracts of works formerly published
    • PENALTIES:
      The amount of the fine is fixed by the Court, depending on the benefits that the defendant gained from the violation
    Requirements:
    1. A Power of Attorney duly notarized by a Notary Public;
    2. Legalized home registration certificate of Copyright; and
    3. Two copies of the literary or artistic work.
DOMAIN NAME
Requirements
    Requirements:
    1. Filing of the Application form with prescribed fees;
    2. Supplying of the appropriate certificates, if needed; and
    3. A power of Attorney duly notarized by a Notary Public.
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