Sudan – Adoption of 8th Edition of Nice Classification

In March 2003, the Sudanese Trademark Office adopted the 8th Edition of the Nice Classification of goods/ services.

Accordingly, the Trademarks Registrar has requested that any trademark previously registered in the old class 42, must be reclassified immediately (a grace period will be assigned shortly) according to the following identification of services, otherwise, the registration will be considered as nullified:

Class 42: “Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer software and hardware; legal services”.

i.e., it mainly includes services provided by persons in relation to the theoretical and practical aspects of complex fields of activities; such services are provided by members of professions such as chemists, physicists, engineers, computer specialists, lawyers, etc…., scientific research services for medical purposes.

However, it excludes:

• Business research and evaluation (Class 35).
• Word processing and computer file management services (Class 35).
• Financial and fiscal evaluation (Class 36).
• Mining and oil extraction (Class 37).
• Computer hardware installations and repair services (Class 37).
• Services provided by members of profession such as medical doctors, veterinary surgeons and psychoanalysts (Class 44).
• Medical treatment services (Class 44).
• Garden design (Class 44).

Class 43: “Services for providing food and drink, temporary accommodation”.

i.e. it mainly includes services provided by persons or establishments whose aim is to prepare food and drink for consumption and services provided to obtain bed and board in hotels; boarding houses or other establishments providing temporary accommodation, reservation services for traveler’s accommodation, particularly through travel agencies, boarding of animals.

However, it excludes:

• Real estate rental services such as houses, flats, etc., for permanent use (Class 36).
• Arranging travel by tourist agencies (Class 39).
• Preservation services for food and drink (Class 40).
• Discotheque services (Class 41).
• Boarding schools (Class 41).
• Rest and convalescent homes (Class 44).

Class 44: “Medical services; veterinary services; hygienic and beauty care for human beings and animals; agriculture, horticulture and forestry services”.

i.e. it mainly includes medical care, medical analysis services relating to the treatment of persons (such as x-ray examinations and taking of blood samples); hygienic and beauty care given by persons or establishments to human beings and animals; artificial insemination services; pharmacy advice, animal breeding, it also includes services relating to fields of agriculture, horticulture and forestry, services relating to the growing of plants such as gardening, services relating to floral compositions as well garden design.

However, it excludes:

• Vermin exterminating (other than for agriculture, horticulture or forestry) (Class 37).
• Installation and repair services for irrigation systems (Class 37).
• Ambulance transport (Class 39).
• Animal slaughtering services and taxidermy (Class 40).
• Timber felling and processing (Class 40).
• Animal training services (Class 41).
• Health clubs for physical exercise (Class 41).
• Scientific research services for medical purposes (Class 42).
• Boarding for animals (Class 43).
• Retirement homes (Class 43).

Class 45: “Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals”.

i.e. it mainly includes investigation and surveillance services relating to the safety of persons and entities, services provided to individuals in relation with social events, such as social escort services, matrimonial agencies, funeral services.

However, it excludes:

• Professional services giving direct aid in the operations or functions of a commercial undertaking (Class 35).
• Services relating to financial or monetary affairs and services dealing with insurance (Class 36).
• Escorting of travelers (Class 39).
• Security transport (Class 39).
• Services consisting of all forms of education of persons (Class 41).
• Performances of singers or dancers (Class 41).
• Legal services (Class 42).
• Services provided by others to give medical, hygienic or beauty care for human beings or animals (Class 44).
• Certain rental services (refer to the Alphabetical List of Services & General Remark (b) relating to the classification of services).