Sudan
Forms part of
9th Edition
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.
Forms part of
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.
Forms part of
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.
But Enforcement Questionable