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Amendments to Trademark Laws

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Jul 04, 2014 (Newsletter Issue 11/14)
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TM Filings Now Possible in South Sudan

The Business Registry within the Ministry of Justice in South Sudan is now accepting and processing applications for the registration of trade marks.

In dealing with these, the South Sudan Registry has taken an executive decision to be guided by the Sudan Trade Marks Act of 1969 despite that statute’s official inapplicability to South Sudan. There is still no actual trade mark law in South Sudan or any indication of its proposed date or content. This means that the system in place has no statutory authority.

Trade mark owners may decide to proceed on the pragmatic basis that the process is being conducted by the Ministry of Justice and therefore it is likely the Government will recognise it, to the extent that:

- A certificate issued under the present procedure will be cited against a later application under the same or a subsequent system, so the first to file has the advantage.
- A formal Act, when passed, will ratify what has been done.
- The present certificates may be recognised to some extent in any litigation that may be conducted before a new law is enacted.

The resulting registration is stated to be for ten years from the filing date. It is hoped that proper law and procedures will be implemented within that term, under which the original filing date will be preserved.

For further information, please click here

Source: Spoor & Fisher, South Africa