News from good friends Spoor & Fisher that the Business Registry in the Ministry of Justice in South Sudan is now accepting and processing applications for the registration of trade marks.
The full new article is on their website here. Good news!
The text of the report reads:
Since the Republic of South Sudan gained full independence from Sudan on 9 July 2011, there have been doubts about the possibility of trade mark registrations and their enforceability. This is due to the absence of a national law and the fact that Sudanese trade mark registrations no longer apply to South Sudan.
In practice, the Business Registry within the Ministry of Justice is accepting and processing applications for the registration of trade marks. In dealing with these, the South Sudan Registry has taken an executive decision to be guided by the Sudan Trade Marks Act of 1969 despite that statute’s official inapplicability to South Sudan.
There is still no actual trade mark law in South Sudan or any indication of its proposed date or content, therefore the system mentioned above has no statutory authority. However, trade mark owners may decide to proceed as above on the pragmatic basis that the process is being conducted by the Ministry of Justice and therefore it is likely the Government will recognise it, to the extent that:
A certificate issued under the present procedure will be cited against a later application under the same or a subsequent system, so the first to file has the advantage.
A formal Act, when passed, will ratify what has been done.
Since the Republic of South Sudan gained full independence from Sudan on 9 July 2011, there have been doubts about the possibility of trade mark registrations and their enforceability. This is due to the absence of a national law and the fact that Sudanese trade mark registrations no longer apply to South Sudan.
In practice, the Business Registry within the Ministry of Justice is accepting and processing applications for the registration of trade marks. In dealing with these, the South Sudan Registry has taken an executive decision to be guided by the Sudan Trade Marks Act of 1969 despite that statute’s official inapplicability to South Sudan.
There is still no actual trade mark law in South Sudan or any indication of its proposed date or content, therefore the system mentioned above has no statutory authority. However, trade mark owners may decide to proceed as above on the pragmatic basis that the process is being conducted by the Ministry of Justice and therefore it is likely the Government will recognise it, to the extent that:
A certificate issued under the present procedure will be cited against a later application under the same or a subsequent system, so the first to file has the advantage.
A formal Act, when passed, will ratify what has been done.
The present certificates may be recognised to some extent in any litigation that may be conducted before a new law is enacted.
The documentary requirements include:
a) A power of attorney (notarised);
b) A representation of the mark;
c) The usual details of the applicant and goods/services to be claimed. The current Nice classification is being used and a separate application is required for each class of goods or services;
d) A picture showing how the mark is to be applied to the goods/services claimed and the nature of the goods/services.
A different requirement is now imposed on the Registry for public health reasons, relating to trade marks to be registered for beverages for human consumption. Instead of the picture in (d) above, an application comprising such beverages must be accompanied by a real sample (not just an image) of the bottle, can, etc., that contains the liquid and displays the trade mark. We will be happy to discuss ways and means of providing this material where applicable.
The resulting registration is stated to be for ten years from the filing date. It is hoped that proper law and procedures will be implemented within that term, under which the original filing date will be preserved.
There is currently no sign of corresponding arrangements for patent or other intellectual property rights.
For further information, please speak to your usual Spoor & Fisher contact or contact us at info@spoor.co.uk
The documentary requirements include:
a) A power of attorney (notarised);
b) A representation of the mark;
c) The usual details of the applicant and goods/services to be claimed. The current Nice classification is being used and a separate application is required for each class of goods or services;
d) A picture showing how the mark is to be applied to the goods/services claimed and the nature of the goods/services.
A different requirement is now imposed on the Registry for public health reasons, relating to trade marks to be registered for beverages for human consumption. Instead of the picture in (d) above, an application comprising such beverages must be accompanied by a real sample (not just an image) of the bottle, can, etc., that contains the liquid and displays the trade mark. We will be happy to discuss ways and means of providing this material where applicable.
The resulting registration is stated to be for ten years from the filing date. It is hoped that proper law and procedures will be implemented within that term, under which the original filing date will be preserved.
There is currently no sign of corresponding arrangements for patent or other intellectual property rights.
For further information, please speak to your usual Spoor & Fisher contact or contact us at info@spoor.co.uk
