Sudan: Trademark Office Reverts to Strict Statutory Enforcement for Late Trademark Renewals
The Sudanese Trademark Office has begun strictly applying the statutory provisions governing late trademark renewals, marking a significant departure from its previous administrative practice of permitting renewals beyond the prescribed deadlines.
Article 19(3) of the Trademarks Act of 1969 provides trademark owners with a six-month grace period following the expiration of a trademark registration to file a renewal application upon payment of the applicable late renewal fee.
Although this provision has always been in force, the Trademark Office has historically exercised administrative discretion by accepting late renewals even after the grace period has expired. This practice has now been discontinued.
Current Process:
Where a trademark is not renewed within the statutory six-month grace period, the Registrar will follow the procedure set out in the Trademarks Rules before removing the registration.
Under Rule 33(2)(a), the Registrar will issue a notice to the trademark owner’s registered address through its local agent requesting renewal and will publish a notice of non-renewal in the Official Gazette.
If no renewal is filed within two months of the publication of the notice, the Registrar may remove the trademark from the register pursuant to Rule 34(1), with the removal taking effect from the expiry date of the last registration.
The Registrar retains discretionary authority to restore a removed trademark upon payment of the outstanding renewal fee together with the prescribed late fees. However, such restoration is not automatic and remains subject to the Registrar’s discretion.
Recommended Action:
Considering this policy shift, trademark owners are strongly encouraged to review their Sudanese trademark portfolios without delay.
Any registrations that have recently expired or are approaching their renewal deadlines should be renewed as soon as possible to minimize the risk of cancellation and potential loss of rights resulting from the Trademark Office’s renewed strict enforcement of the statutory provisions.
For further information or assistance, the Alyafi IP Group team is ready to support you.
Contact us at Sudan@alyafi-ip.com
