South Sudan
South Sudan
Trademarks
Patents
Designs
Copyrights and Other Services

South Sudan

Laws

South Sudan Trademark Law

what you need to know

REMARKS
Following the separation of South Sudan from Sudan in 2011, authorities are now expected to issue a new trademark law that would be in compliance with the international standards. However, the enactment of the new law is not presumed to take place in the near future. In the meantime, the Ministry of Justice is now admitting trademark applications under the provisions of the trademarks act of 1969 that is currently in force in the neighboring Sudan. In principle, registrations, submitted under the act of 1969, will remain valid after the issuance of the new trademark law of South Sudan.
CLASSIFICATION
9th edition – single class application. Class 33 and alcoholic goods in class 32 cannot be registered
SEARCH
Possible for word and device marks
EXAMINATION
On formal, absolute, and relative grounds
OPPOSITION
8 months from publication date
EXTENSION OF TIME
Not possible for filing oppositions, counter oppositions, and responding to office actions
PROTECTION TERM
10 years from filing date and renewable for like periods
USE
Vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 5 consecutive years after registration date

Requirements

Filing Requirements
• POA, notarized
• Certificate of incorporation with English translation, legalized
• Copy of priority document, if priority is claimed, certified
• Declaration of nationality, simply signed
What you need to know
• All documents maybe submitted within 1 month from filing date, except for declaration of nationality, which may be submitted within 2 months from end of opposition period
Filing Requirements
• POA, notarized
What you need to know
• Grace period of 6 months
Filing Requirements
• POA, notarized
• Certificate of change of name/address, legalized
• Certificate of registration for endorsement
What you need to know
• May be recorded for registrations only
Filing Requirements
• POA, notarized
• Deed of assignment, legalized
• Forms Nos. T. M. 11 and T. M. 12, legalized
• Certificate of incorporation of the assignee with certified English translation, legalized
• Certificate of registration for endorsement
What you need to know
• Trademarks may be assigned with or without the goodwill of the business concerned
• May be recorded for registrations only
• Separate POAs must be submitted by assignee and assignor
Filing Requirements
• POA, notarized
• Certificate of merger, legalized
What you need to know
• May be recorded for registrations only
Filing Requirements
• POA, notarized
• License agreement, legalized
• Certificate of incorporation of licensee, legalized
• Certificate of registration for endorsement
What you need to know
• License recordal is not compulsory but advisable in order to be effective against third parties
• May be recorded for registrations only
• Separate POAs must be submitted by licensor and licensee