Trade Marks Act, 1969 (Act No. 8 of 1969).
Country
Type of law
Legislation
Abstract
This Act, comprising 31 articles, regulates trade marks in Sudan, meaning any distinctive visible sign used or intended to distinguish one person’s goods from those of others, including words, names, devices, brands, labels, signatures, letters, numerals, slogans, packaging, emblems, containers, or combinations thereof. Article 4 establishes a Register of Trade Marks containing details of registered marks, owners, assignments, users, and other relevant matters, maintained at the Commercial Registry or another location designated by the Minister. A trademark must be registered for specific goods within the appropriate class, and the Registrar determines any dispute concerning classification. Section 8 prohibits registration of deceptive, non-distinctive, customary, immoral, functional, or unauthorized official/religious/tribal marks, and also protects prior, well-known, and third-party rights and against unfair competition. Article 22 permits licensed use of a trademark with the owner’s consent, provided the owner maintains effective quality control and the use does not deceive the public; licensing arrangements must be recorded. Article 27 protects registered trademarks by prohibiting unauthorized use, counterfeiting, deceptive passing-off and false indications of origin, imposing fines or imprisonment, while allowing courts to order confiscation and destruction of infringing goods and materials.
Attached files
Web site
Date of text
Repealed
No
Source language
English
Legislation Amendment
No