In February, 2019 the Sudanese Trade Marks Office issued a jurisdictional update that the committee of the appeal attached to the Trade Marks Office has been dissolved and the implementation stipulated by the article 16 (2) of the Sudanese IP Law No. 8 year 1969 will be enforced henceforth.
Article 16 (2) of the Sudanese IP Law No. 8 year 1969 provides that;
“Any refusal by the Registrar to register a mark or any condition, amendment, modification or limitation imposed by him shall be subject to appeal to the Court.”
In light of the above, it is now mandatory to file an appeal before the Court through a Lawyer for any refusal to register a trade mark or any condition, amendment, modification or limitation imposed by the Registrar. The said regulations will also be applicable to international trade marks filed through the Madrid System.
The new regulation will be applied retroactively for any trade marks currently under appeal with the Trade marks Office and not yet processed by the dissolved Committee of Appeal. These appeals will be summarily rejected and fresh appeals will have to be pursued through competent courts.