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Amendments to Trademark Laws

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Jul 17, 2012 (Newsletter Issue 11/12)
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New Trademark Circular

The Registrar of Trademarks in Sudan has issued Trademark Circular No. 1 on 18 June 2012. It was adressed to all IP Agents and Trademarks Owners for the purpose of organization of work and procedures and came into effect on 8 July 2012:

1. Upon submission of the new trademark applications the Trademarks Registrar will request the applicant to complete or correct the application within one month if he finds out that the newly filed application is incomplete or incorrectly filled up; otherwise the application will be considered abandoned.

2. The applicant must pay the registration fees of a trademark and complete registration procedures and issuance of registration certificate within 2 months from the expiry of opposition term (maximum 8 months) in accordance of article no. 18 Law 1; otherwise the application will be considered abandoned.

3. It is a must to comply with the relevant provisions of article no. 19 (1) of the Sudanese Trademarks Law in the effect that application for renewal of a trademark registration should be filed within six months before expiry of registration term with a grace period of six months after expiry date for late renewal with penalty. The Registrar has allowed a six months from 8 July 2012 for renewal of trademarks that have already expired and not renewed on time, otherwise the registrations will be considered lapsed.

4. The Power of Attorney stamped by the corporate seal of the company and notarized by Notary Public will be acceptable without legalization up to the Sudanese Consulate. However, the Extract from the Commercial Register and the Certificate of Incorporation are still required to be legalized up to the Sudanese Consulate in compliance with article no. 10 (1) of the Sudanese Trademarks Law of 1969.

According to the old practice adopted at the Sudanese Trademarks Office it was permitted to file trademark applications and obtain filing number and date as well as the official filing certificate without the complete required documents which can be submitted at a later stage after filing within a period of three months; whilst the Registrar now issued internal circular to the staff of the Trademark Office to receive applications only when the notarized Power of Attorney and the legalized Certificate of Incorporation are submitted along with the application.

Source: JAH, Doha, Qatar