South Sudan - an update on not much happening

News from good friends Spoor & Fisher in February 2015 here of what is, or is not, happening in South Sudan. For those who cant click through they say:

"South Sudan

South Sudan gained full independence from Sudan in 9 July 2011, which means that Sudanese trade mark registrations no longer have any effect in South Sudan. Unfortunately South Sudan has not passed its own trade mark legislation either which means, quite simply, that there is no trade mark law. Notwithstanding this, the Business Registry of South Sudan is accepting and processing trade mark applications, and it is being guided by the Sudan Trade Marks Act of 1969.

So what effect do these applications have? Although they have no official effect, the general feeling is that they will be recognised in the sense that a certificate issued under this system will be cited against a later application, and may possibly even be recognised in litigation. The received wisdom also is that any trade mark legislation that is eventually passed will ratify and recognise registrations that were granted under the informal system, and that they will run for ten years from the filing date. It is therefore worthwhile filing in South Sudan.

The filing process under the informal system is quite particular. Only single-class applications may be filed; it is necessary to submit a notarised Power of Attorney and a notarised Certificate of Incorporation or Extract from the Commercial Register; and it is also necessary to submit a representation of the mark and a picture or photo showing how the mark is to be applied to the goods claimed. In cases where the application covers beverages for human consumption, the picture requirement is replaced by one requiring real samples of the container containing the beverage and showing the trade mark to be submitted – this is apparently so that it can be tested for public health reasons.

At this stage there are no corresponding arrangements for patents, designs or other IP rights in South Sudan."

South Sudan trade mark news

A report from the ever interesting and useful Afro-IP blog reads:

A news release from the Talal Abu-Ghazaleh Intellectual Property Group, citing information received from Lysaght & Co., brings news that the South Sudan Ministry of Justice has taken a decision to be guided by the Sudan Trade Marks Act of 1969, relying on Article 198 of the Transitional Constitution of the Republic of South Sudan 2011. This latter Act states that "All current Laws of Southern Sudan shall remain in force and all current institutions shall continue to perform their functions and duties, unless new actions are taken in accordance with the provisions of this Constitution". 

A draft Trade Marks Bill is reported to be currently before Parliament. However, until it is passed, the provisions of the old Sudanese Trade Marks Act are being followed, and it is now possible to file applications with the Ministry of Justice. Since any trade marks filed now will be enforceable when the new law comes into force, it is recommended that anyone wishing to protect their trade marks in South Sudan should do so as soon as possible. 

South Sudan - registration of trade marks

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.

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

(No more) Trade mark reservation in South Sudan

With thanks to our friends at SMAS for the timely update we can report that the Procedure for the reservation of trade marks announced here has been suspended. In the normal course this would be a matter of some concern. However, in this case SMAS have been informed by the Commercial Registrar’s office that the suspension is due to the Trade mark Bill for South Sudan being in the final stages of legislation.

This part of the Empty Quarter likes certainty and looks forward to reporting further news on the new legislation when news is available. Will marks from the former (whole) Sudan transfer to the new South Sudan Registry? What about Paris? Madrid (Agreement or Protocol)? Fees? Will there be a domain like sunrise period? So many questions, so much advice to be given. And then there are questions for patents, designs and copyright!

Trade mark reservation in South Sudan

A report has been received that the Ministry of Justice in South Sudan has issued a directive to officials at the Trade Mark Office to implement procedures for the “reservation of a trade mark” until a Trade Mark law is issued. The procedure is:

1.    A written application is submitted setting out the mark to be protected

2.    The Registrar searches the Registry database to confirm whether the mark is reserved or not.

3.    If the mark is not already reserved, it will be reserved in applicant’s name

As yet, there are no official fees for the reservation.

This part of the Empty Quarter hopes that one of the many international agencies likely to be assisting this fledgling State will be particularly focused on setting up a smoothly running Trade Mark Office. The Government of South Sudan has a good web presence for a new state (http://www.goss.org/) which bodes well for an on-line Register.