Trademark in the Sudanese laws : analytical legal study

Abstract EN

Given the importance of the well-known trademark, it has enjoyed a special protection that differs from other trademarks, so the research aims to highlight the law’s role in protecting marks, and to present the role of the civil judge in protecting marks.

The research come up with many results such as follows: Despite the importance of the well-known trademark, the legislation stipulated in it did not define it, but rather left that within the framework of the mission of jurisprudence and the judiciary, The criteria by which the reputation of the mark is measured consists of two types: First: The objective criterion, which relates to the extent of the public’s knowledge of the mark, the period of use of it, the period of publicity and advertisement thereof, the number of countries in which it is registered, and its value in the commercial markets as an exception to the principle of territoriality, which requires its protection to be registered in the territory of the country from which protection is sought, and from the principle of specialization that defines the scope of protection for goods and services similar to those distinguished by the well-known mark.

The research recommend the followings: Branched and non-governmental intellectual organizations should be established in the state, The Sudanese legislator must address issues of deficiency in the inclusion of some commodities and products not included in the definition, and We would like the legislator to show us the limits of the mark’s fame, i.e.

whether the fame inside the country is sufficient to consider it a famous mark, or should this fame be on the international level.