Sudan

FAQ


In normal cases, it will take about 4-7 working days.


Alcoholic goods in classes 32 and 33 and “retail and wholesale store services” in classes 35 and 42.


The Trademark Office will not allow the registration of the same mark in the same class by a different party, even if the goods (falling within the same class) are different. In that sense, wider protection can be afforded to all goods in that class. But in case of infringement or other disputes, the protection shall be confined to the specified goods.


Yes, and the required documents are:
- Separate power of attorneys executed by the applicants duly notarized and legalized up to the Saudi Arabian Consulate.
- A partnership agreement (duly notarized and legalized up to the Saudi Arabian Consulate) between the applicants stating who will be the beneficial owner of the trademark in case of dispute is to be submitted.


As per the law, an application can be filed only with the legalized power of attorney. As for the priority document, it can be submitted within 6 months from the filing date of the corresponding foreign application.


No, a separate application is to be filed for each class of goods/services.


Saudi Arabia is not a member of any international convention; however, claiming priority based on reciprocity is possible.


The duration for a trademark or a service mark registration is 10 years from the filing date according to the Hijri (Islamic) calendar (equivalent to approximately 9 years and 8 months) and the registration is renewable for similar periods of 10 Hijri years.


A trademark that is not renewed shall be canceled from the trademark registry. The system will not allow the registration of the same trademark for the same products or services or for similar products or services for the benefit of other parties until three years from the date of cancellation.


The documents, which are referring to the details of corrections, such as the corrected power of attorney, an amended form of trademark, etc.


The use of trademarks is not compulsory in Saudi Arabia for filing applications to obtain registration or for maintaining registrations in force. However, a trademark becomes vulnerable to cancellation by any interested party who can establish that the trademark was not actually used for a period of five years in succession unless the owner of the mark presents a reasonable excuse to justify the non-use of the mark.


Yes, but it is not possible against pending applications.


The recordal of a license agreement is not compulsory, but in order to be effective against third parties and to satisfy the user requirements, it is recommended to record the license agreement at the Trademark Office.

Moreover, the use of a trademark by the licensee will be considered as a use by the owner and it will help the owner when filing a cancellation action by any interested party and for proceeding before the courts.


Yes. Any nominal consideration (say $. 10.00) may be indicated as the monetary consideration in the deed of assignment. No tax is levied depending on the value of the consideration.


A trademark application may be opposed upon publication in the Official Gazette. The opposition period is sixty days starting from the date of publication. No extension of time is allowed for filing the opposition statement.


Non-traditional marks except sound marks and trade dresses are unable to be registered.


Unless there is no resemblance to another trademark or a country’s emblem, yes.


If the goods are listed in the registration or related to it, then the protection shall include all the listed goods of the class.


Selling its products (actual use required).


Article (8) of the Sudanese law provides the restrictions on registration 
which they are: 
(1) The following cannot be validly registered as trademarks: 
a) Marks which consist of shapes or forms imposed by the inherent nature of the goods or by their industrial function. 
b) Marks which consist exclusively of a sign or indication which may serve, in the course of trade to designate any particularity, such as quality, quantity, purpose, value, and place of origin. 
c) Marks, which have become, in the current language or in the bonafide and established practices of the trade of the country, a customary designation of the goods concerned. 
d) Marks that are contrary to morality or public order and which, in particular, are calculated to deceive or confuse trade circles or the public as to the nature, the source, the manufacturing process, the characteristics, or the suitability for their 
purpose, of the concern of the good. 
e) Marks that reproduce or imitate armorial bearings, flags, and other emblems, initials, names, or abbreviations of names of any state or of any intergovernmental international organization or any organization created by an international 
convention, unless authorized by the competent authority of that state or international organization. 
f) Marks that reproduce or imitate official signs or Hallmarks adopted by a State unless authorized by the competent authority of that State. 
g) Marks identical with or similar to emblems of exclusively religious, sectarian, or tribal organization. 
h) Marks that resemble or depict the portrait of a religious or tribal leader or of any sectarian significance. 
(2) Except with the consent of the interested third party the following marks are not registerable: 
a) Marks that resemble, in such a way as to be likely to mislead the public, a mark already validly filed or registered by a person validly claiming priority, in respect of the same goods, or of other goods in connection with 
which use of such marks might be likely to mislead the public.
b) Marks that constitute a reproduction, in whole or in part, an imitation, a translation, or a transcription, likely to mislead the public, a mark that is well known in the country and belongs to a third party.
c) Marks that infringe other third-party rights or are contrary to the rules for the prevention of unfair competition.


The TM symbol can generally be used by any person or business to indicate that a particular word, phrase, or logo is intended to serve as an an identifier for the source of that product or service, the ® symbol indicates that this word, phrase, or logo is a registered trademark for the product or service, the © symbol means the copyright is reserved, the TM can be used for the tradename and the ® symbol can be used for the trademark product

Head Office

AGIP Building 104 Mecca Street, Um-Uthaina, Amman, Jordan
P.O. Box: 921100, Amman 11192, Jordan
Telephone: (00 962-6) 5100 900
Email : agip@agip.com

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