Details Design Registration Sudan
Here you can mandate us to obtain industrial design protection in Sudan. We will prepare and file your design application in Sudan and inform you about the progress of proceeding.
The design of a product is one of the decisive factors for its market success. It can become an important asset of your company, particularly if it is a bestseller. We protect your design and file a request for a registered industrial design in Sudan. Our offer includes the fees of the patent office for registration, publication and registration.
“Industrial Design” in Sudan means any composition of lines or colors formed to give a special appearance to any industrial or hand-made product or any plastic form whether or not it is restricted to color on condition that, the form or composition can be used as an industrial design or a handicraft design. Only new industrial designs shall get design protection.
An industrial design shall not be considered new if it is available to the public, at any place and by any means whether by prior use or description before the date of an application for its registration or before the date when it can be legally claimed and unless its designer proves that he was not in a position to know about the availability of the design to the public. An industrial design shall not be deemed to have been made available to the public solely by reason of the fact that, within a period of 6 months preceding the filing of an application for registration, the designer or his successor has exhibited it in a nationally or internationally recognized exhibition. An industrial design shall even not be considered as new if it contains minor difference from preceding industrial designs, or because it related to process different from that to which the other industrial designs are related to.
A registered industrial design right in Sudan will be established through a registration of the designer at the Sudann intellectual property office.
Foreigners shall have the same rights as citizens, so long as no order is made by the Minister, suspending the application of these provisions to the nationals of a country or like persons on the ground that such country does not give reciprocal treatment.
Designer(s) shall mean a person or several persons who produce an industrial design. Any person, who is first to file an application for registration of an industrial design is deemed to be the designer in law.
The maximum term of protection in Sudan is 15 years provided the registration is renewed 2 times for periods of 5 years each.
The first term of design protection in Sudan is 25 years and will generally be calculated from the date of filing. In certain cases the date of filing starts 6 months before the actual application date, namely if an application for the identical industrial design was filed within 6 months before filing of the application in Sudan in a foreign country and if the priority of this foreign application date was claimedfor the for the new Sudann application .
The registered design in Sudan is an unexamined industrial property right. Neither the office nor we will examine the novelty and individual characteristic of your design. Both, novelty and the individual characteristic of the design, will statutorily be presumed because of the registration. These provisions will optimize your legal position: every third person contesting the registered industrial design has the burden of proof that the design had not been known to the public before the priority date.
If the applicant is not the designer, an assignment from the designer to the applicant must be attached.
Opposition cannot be filed by a third party in Sudan during registration process.
After registration everybody has the right to start an action for annulment in case he may give proof of lack of novelty and lack of individuality of the registered design.
In Sudan multiple design application are possible. The application may contain from 1 to 50 industrial designs if the relevant products are of the same kind or kinds, or, if there are rules providing for classification, they are of the same class or classes.
If the application is filed through an agent, it shall be accompanied by a power of attorney, signed by the applicant. Ratification or certification of a signature shall not be necessary.
The application for registration of an industrial design who wishes to benefit from a priority of an earlier application filed in another country shall be required to attach to his application a written statement indicating the date and number of the earlier application, the country in which it was filed and the name of the applicant, and he shall forward, a period of 3 months from the date of the later application, a copy of the earlier application certified as being correct by the responsible authority in the country where such application was filed.
An application for registration may require that his lodged industrial design be kept secret for a period not exceeding 12 months from the date of application.
For the registration of a design in Sudan you need:
- the name of your design: (f.e. car fender „ALKU“, Artikel.-No.1234);
- drawings, photographs or other adequate graphic representations of the article embodying the industrial design only; views shall show your design in front of a neutral background, please provide us with black and white pictures or technical drawings reduced to the lines of the design without any further technical information that show the design views from all possible directions (bottom, top, left, right view etc.); please note that the protection will rest on what can be seen in the views only.
- contact details of the client;
- contact details of the to be registered owner of the design right and
- if the registered owner shall be a juristical person we need a copy of the commercial register;
- name of the natural person(s) who created the design; where the applicant is not the creator the request shall be accompanied by a statement justifying the right of the applicant to the registration of the industrial design.
- a short description - if possible - of the product/design, especially if the design has specific characteristics which can not to be seen in the views;
- in case of prior design application in a foreign country please provide a copy of the office letter stating the receipt of the filing, file number and name of the patent office.
If you engage us we will render the following services : preparation of the filing including selection of the classes of goods (Locarno-classification); examination of the images in regard to the formal requirements (we do not review if the design has novelty and individual characteristic); requesting additional documents or new images; legal advice with regard to the filing process and documents; sending the prepared filing details to you for review; filing the application at patent office; representation of the applicant in front of the office; payment of the office fee (application fee, registration fee, publication fee); transmission of office documents as well as the letter confirming the application; legal advice in due time in order to enable you to extend the protection of your design patent to foreign countries by claiming the priority of the prior application; receipt, checking and forwarding of the registration certificate (if available) and a copy of an extract from the register; receipt and transmission of all documents sent from the patent office after the registration; docketing and deadline, renewal time monitoring.
Our offer does not include services in regard to oppositions or office actions and fees for notarization of documents.
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