Sudan is a member of the Madrid Agreement Concerning the International Registration of Marks (Act of Stockholm of 1967). The International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement is followed in Sudan with the exception of trademarks covering alcoholic goods, which are not registrable.
Once a trademark application is filed, it is examined as to its registrability. Should the mark lack any requirement as provided for in the law and its regulations, the Registrar of Trademarks will reject the application. The applicant may appeal to the Registrar for reviewing the rejection. However, if this failed to give the expected result, the applicant may appeal such rejection to the court of law.
Trademark applications approved by the Registrar are published in the Official Gazette. There is an 8-month period from the date of publication during which any interested party may file an opposition notice. An opposition to the registration of a published trademark should be prosecuted before the Registrar, whose decision may be appealed to the court. In the absence of any opposition, a published trademark is registered, and the relative certificate is issued. A declaration of nationality stating that the nationality of the applicant has not been changed since the filing of the application is normally requested before the issuance of the certificate of registration.
A trademark registration in Sudan is valid for 10 years from the date of filing the trademark application, renewable for periods of 10 years each, upon application and payment of the official renewal fees. Late renewal of a trademark registration is permitted until a cancellation decision is published in the Official Gazette.
The assignment of a trademark should be recorded within 6 months from the date of the transfer agreement. Also, unless an assignment is entered in the records of the Trademark Office, it shall not be effective vis-à-vis third parties. The assignment may be with or without the goodwill of the business; a partial assignment is also possible.
Changes in the name and/or address of a registrant may be recorded. License agreements for the use of trademarks may be approved by the Attorney General according to Article 22 (3) of the Trademarks Act of 1969, and must be recorded within 6 months of their execution.
Use of trademarks in Sudan is not a prerequisite for filing applications or for maintaining trademark registrations in force. However, a registered trademark is vulnerable to cancellation, if there had been no use of the mark in Sudan during 5 consecutive years after registration of the mark. On the basis of a court order, the Trademark Office or any interested party is entitled to demand the cancellation of any trademark registered in the country in bad faith.