Stricter enforcement of Sudanese trade mark renewals

The Registrar General of Intellectual Property Administration in Sudan has confirmed a return to the strict application of Article 19(3) of the Trade Marks Act, 1969. According to this provision, trade mark proprietors are afforded a six-month statutory grace period after the expiry date of a registration to renew their mark, provided that the prescribed late renewal fee is paid.

This marks a departure from the Registry’s longstanding administrative practice, under which prescribed late renewal fees were often not enforced and renewals were occasionally accepted even after the expiry of the grace period in some instances. As the Registry’s operations have resumed and steadily normalised following conflict-related disruptions, the Registry has discontinued this practice and is now strictly applying the statutory provisions. Rights holders are, therefore, advised to ensure that renewals are filed timeously or, where a renewal application is filed during the grace period, to budget for the applicable penalty fee payable.