JUBA – The Ministry of Justice in South Sudan has decided to start accepting trademark applications guided by the Sudan Trade Marks Act of 1969, so the provisions of this Act will now be followed.
The main aspects of the said decision are listed below.
Classification of the list of goods and services
Applicants may list the goods and services of interest with or without referring to the class number. Several classes may by listed under same application, however the Sudan Trade Marks Act of 1969 recognises Nice Classifications and applies a single class system.
A legalised power of attorneys and extract from commercial register should accompany the application.
However, the matter of authentication of documents is not clear at the Trademark Office. For example, while documents are required to be legalised by the South Sudan consulates, there are no consulates abroad, making the notarization of power by notary public acceptable.
Publications and oppositions
The Trademark Office is not publishing any accepted applications for opposition purposes according to the Sudan Trade Marks Act of 1969. Within a few days after completing the formalities, the trademark is registered and the registration certificate is issued.
However at any time, it is possible to file an opposition against any registered trademark before the Registrar and then appeal at the High Court.
Finally, it is worth mentioning that a draft law has passed to the government. We are trying to obtain a copy, and it is hoped to be implemented by the end of this year.
For more information please contact us at [email protected].