Trademarks in Sudan

Competent Authority

• Name of Office: Registrar General of Intellectual Property Administration, Commercial Registry, Ministry of Justice / Ministry of Commerce.
• Working Language: Arabic and English.
• System Type: National (with optional regional protection channels available via ARIPO's Harare Protocol for industrial designs, though trademark filings primarily rely on direct national routes or ARIPO frameworks where applicable).

International Treaties

• Paris Convention: Member.
• Madrid System: Member of both the Madrid Agreement and the Madrid Protocol. International trademark registrations via the Madrid System can designate Sudan.

Who May Apply

• Eligibility: Natural and legal persons.
• Local Representation: Foreign applicants who do not have a domicile or real commercial establishment in Sudan must appoint an authorized local trademark agent or advocate.
• Power of Attorney (POA): Required for local representation; must be signed, stamped, and notarized, and for certain post-registration recordals (such as assignments or licenses), full legalization up to the Sudanese Consulate is strictly mandated.

Online Filing and Search

• Electronic Filing: Managed through national administrative channels and local agent submission portals.
• Trademark Search: Conducted via official registry records or professional clearance searches handled by local representatives prior to filing.

Protectable Trademark Types

• Word marks, figurative elements, devices, and combined marks.
• Applications and associated descriptions must be submitted in Arabic or English.

Classification

• System: Nice Classification.
• Multi-class Applications: Sudan operates on a single-class application system per filing form (meaning a separate application must be submitted for each individual Nice class).

Examination

• Scope: The Registrar conducts formal administrative checks (document completeness, representation credentials) and substantive examinations covering absolute grounds (distinctiveness, public order, and morality) and relative grounds (prior conflicting rights on the national register).

Publication and Opposition

• Opposition System: Once approved during examination, trademark applications are published in the Official Gazette. Interested third parties may file a notice of opposition within an extended opposition window—typically 8 months from the publication date for foreign-resident interested parties (and 6 months for local residents).

Timeframes

• Registration Timeline: Approximately 18 to 24 months for a straightforward, unopposed application process from initial submission to final certificate issuance, accounting for administrative backlogs and the lengthy publication/opposition window.

Official Fees

• Official fee schedules are regulated by national statutory instruments and denominated in Sudanese Pounds (SDG) or US Dollars (USD) for foreign applicants. WIPO-regulated fee schedules apply to Madrid Protocol designations.

Duration and Renewal

• Protection Term: 10 years calculated from the filing date.
• Renewal Window: Can be renewed for successive 10-year blocks, backed by administrative grace periods.

Use Requirements

• Non-Use Cancellation: A registered trademark is vulnerable to cancellation or revocation actions brought by any interested third party if it has not been put to genuine commercial use for a continuous period of 5 consecutive years.
• System Type: First-to-file.

Post-Registration Procedures

• Assignments, licensing agreements, changes of name, and changes of address must be formally recorded with the Registrar General of Intellectual Property Administration to ensure legal effectiveness and enforceability against third parties. Recordals require fully legalized supporting documentation.

Legal Remedies & Enforcement

• Enforcement: Handled via civil and criminal court infringement proceedings before Sudanese courts, injunctions, damages actions, and administrative measures against counterfeiting.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.