Trade Marks

International Arrangements:

Paris Union, Madrid Union (Agreement and Protocol).
Despite former doubts arising from Sudan’s Common-Law heritage and the lack of specific provisions in national law, it is generally considered that International (Madrid) Trade Mark Registrations are effective in this country. However a small possibility may remain that certain decisions upholding ITMRs may be challenged on appeal.

Categories of Trade Marks:

There are provisions for the registration of SERVICE MARKS.
There are no provisions for the registration of CERTIFICATION MARKS, DEFENSIVE MARKS or SERIES MARKS.

Classification:

The International Classification of goods and services applies.
A separate application is required for each class of goods or services.

Documents required:

A. New Applications

  • Power of Attorney, incorporating an Arabic translation, either on the letterhead of the applicant, signed and stamped; or signed and notarised.
  • 15 prints.
  • Certificate of Incorporation/Extract from Commercial Register, with verified English translation.#
  • Priority document (if applicable), with verified English translation.

B. Renewals

  • Power of Attorney, incorporating an Arabic translation, either on the letterhead of the applicant, signed and stamped; or signed and notarised.
    N.B. Registered User entries must also be renewed.

C. Assignments/Mergers

  • Power of Attorney, incorporating an Arabic translation, either on the letterhead of the applicant, signed and stamped; or signed and notarised.
  • In the case of a merger: Certificate of Merger, with verified English translation.#
  • In the case of an assignment:
    (i) FORM TM11.#
    (ii) FORM TM12 signed before a Notary Public.#
    (iii) Certificate of Incorporation/Extract from Commercial Register relating to the assignee, with verified English translation.#
    iv) Deed of Assignment, with verified English translation (must be recorded within 6 months of the effective date).#

D. Change of Name

  • Power of Attorney, incorporating an Arabic translation, either on the letterhead of the applicant, signed and stamped; or signed and notarised.
  • Certificate of Change of Name, with verified English translation.*

E. Change of Address

  • Power of Attorney, incorporating an Arabic translation, either on the letterhead of the applicant, signed and stamped; or signed and notarised.

F. Licences/Registered Users

  • Power of Attorney, incorporating an Arabic translation, either on the letterhead of the applicant, signed and stamped; or signed and notarised.
  • Declaration and Statement of Case, with verified English translation.#
  • Licence Agreement, with verified English translation.#

# To be legalised up to a Sudanese Consul.

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