Registration of Trade Marks Under The Trade Marks Act 1969

Abstract

At the core of every successful business are the trade marks the business uses to identify its goods or services. If properly protected, trade marks can last forever; and can provide the business with a unique and immediately visible identification to its customers and the world beyond. A trade mark cannot be protected by the law unless it is registered, since registration is considered as a basis of the legal protection. The Trade Marks Act 1969 together with its Rules organize all matters concerning registration of trade marks and provide the procedure to be followed in obtaining such registration. This thesis examines the registration of trade marks in Sudan under the Trade Marks Act 1969. Chapter One highlights the historical development of the trade marks laws in the Sudan and discusses the definition of the trade marks under both the Trade Marks Ordinance 1931 and the Trade Marks Act 1969 and the various functions of the trade marks. The discussion in Chapter Two is mainly about the registrability of trade mark. Chapter Three concentrates on the procedure of registration. Since the Trade Marks Act 1969 has adopted the international registration system of trade marks, reference is made in this chapter to the international arrangements concerning this issue namely the Madrid Agreement and the Madrid Protocol. Chapter Four sheds lights on some essential matters concerning registration such as objection, cancellation, assignment and surrender. Lastly Chapter Five concludes the thesis with some recommendations hopefully to be adopted for better protection of trade marks achieved by registration.