decided by the Court according to the circumstances of the case.
Provisions on Service Marks
25. Provisions of this Act shall apply to Service Marks with respect to
services designated in the registration.
Prima Facie Evidence of Validity
26. In all legal proceedings relating to a registered trade mark the fact
that a person is registered as owner of such trade mark shall be prima
facie evidence of the validity of the original registration of such trade mark
and all subsequent assignments and transactions of the same.
Offences and Infringements
27. (1) Any person who represents a trade mark as registered in the
Republic of Sudan which is not so, shall be liable for every offence to a
fine not exceeding Ls. 200.
(2) No person shall be entitled to recover damages for the infringement of
a trade mark not registered in the Republic of Sudan.
(3) In an action for infringement of trade mark the Court trying the
question of infringement shall admit evidence of the usage of the trade in
respect of the get-up of the goods for which the trade mark is registered
and of any trade marks or get-up legitimately used in connection with
such goods or by other persons.
(4) No registration under this Act shall interfere with any genuine use by a
person of his own name or place of business or that of any of his
predecessors in business or the character or the quality of his goods.
(5) Nothing in this Act shall be deemed to affect the right to bring an
action against any person for unfair competition in respect of his trade or
the remedies in respect thereof.
(6) Any person who, with intent to deceive, commits or attempts to
commit, aide or abets any other person in committing any of the following
acts, shall be guilty of an offence against this act and shall be liable upon
conviction to imprisonment for a period not exceeding one year or with a
fine not exceeding Ls.500 or with both.
(a) Uses a trade mark duly registered by another person under this Act, or
an imitation of such trade mark, for goods in respect of which the mark is
registered.
(b) Sells, stores for the purpose of sale or exposes for sale goods bearing