Sudan

Trade Mark

Forms part of

No
ARIPO
No
OAPI
Yes
MADRID

But Enforcement Questionable 

Yes
SERVICE CLASSES
NA
NICE CLASSIFICATION

9th Edition

Yes
WELL-KNOWN TRADE MARKS RECOGNISED?

OAPI

ARIPO

International Arrangements

Sudan is a party to the Madrid System for international registration of trade marks, and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.

Although Sudan is a signatory to the Madrid System it has not amended its national legislation to give effect to the provisions of the Madrid system and it is therefore questionable whether international registrations designating Sudan are enforceable in Sudan.

Classification

Sudan follows a single class filing system and recognises both goods and service classes in terms of the 9th edition of the Nice Classification.

Registration Procedure

The total time from filing to registration is approximately 24 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 8 months from the date of publication.

Common Law and Well-Known Trade Marks

Well-known trade marks in terms of the Paris Convention are recognised in Sudan.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.

A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.

Customs Recordal

Customs recordals are possible.

Patent

Forms part of

Yes
ARIPO
No
OAPI
Yes
PARIS CONVENTION
Yes
PCT

OAPI

ARIPO

International Arrangements

Paris Convention;

ARIPO (Harare Protocol) and

PCT.

Types of Patents

Patents of invention; and

Divisional patent

Novelty Requirements

Absolute novelty applies.

Grace Period/Prior knowledge

A grace period of 6 months is provided where the invention was exhibited by the inventor or his successor at an officially recognised international exhibition for.

Examination procedure

Patent applications are examined as to compliance with formal requirement.

Duration & Maintenance

Patents are valid for twenty years from the date of filing the patent application. A grace period of six months is allowed for the late payment of the annual fee, subject to payment of surcharges. Failure to pay the renewal fee causes the patent to lapse.

Working Requirement

A patent must be worked within three years for the date of grant or four years from the date of filing, whichever is the later. 

Design

Forms part of

Yes
ARIPO
No
OAPI
Yes
PARIS CONVENTION
An industrial design is defined to mean any composition of lines or colours formed to give a special appearance to any industrial or hand‐made product or any plastic form, whether or not it is restricted to colour, on condition that the form or composition can be used as an industrial design or a handicraft design.

OAPI

ARIPO

International Arrangements

Paris Convention; and
ARIPO (Harare Protocol) *.

Classification

N/A

Novelty Requirements

Absolute novelty applies.

Grace Period/Prior knowledge

There is a six-month grace period. 

Examination procedure

Design applications are examined as to compliance with formal requirements only.

Duration & Maintenance

The initial term of the design registration is five years, which is extendible upon payment of renewal fees for two further five-year terms. A grace period of six months is allowed for the late payment of the renewal fee, subject to payment of surcharges. Failure to pay the renewal fees causes the design registration to lapse.

Working requirement

There is no working requirement.