nationality has not changed since he lodged with the Registrar his
application for the registration of the trade mark.
Rival Claims to Identical Marks
11. Where each of several persons claims to be proprietor of the same
trade mark, or of nearly identical trade marks in respect of the same
goods or description of goods, and to be registered as such proprietor, the
Registrar shall refer the issue to the Court, which in determining the right
of the parties shall have regard to the date of the registration in the
country of origin, and the priority of user of the mark in the Sudan.
International Arrangements
12. (1) If at any time Republic of Sudan shall become a party to any
international convention for the mutual protection of trade marks, then
any person who has duly filed a first application for registration of a mark
in another State party to such connection, or his successor in title, shall,
on his request, be deemed to have applied for registration in the Republic
of Sudan on the day of such first application, provided that the application
in the Republic of Sudan is made within six months from the first
application and provided that the registered owner of the mark shall not
be entitled to recover damages for infringement prior to the date on which
the mark is registered in the Republic of Sudan.
(2) The application for registration of a mark who wishes to avail himself
of the right of priority referred to in the preceding subsection, shall do so
in the prescribed manner.
Validity and Reclassification
13. Trade Marks which have been advertised in the Gazette under the
provisions of the Trade Marks Ordinance 1931 herein before repealed,
shall be deemed to be registered under this Act, provided that the
registered owner of such trade mark or his agent makes an application to
the Registrar in the prescribed from and upon payment of the prescribed
fee within five years from the date at which this Act comes into force for
the purpose of reclassification in accordance with the Schedule to the
Trade Marks Rules.
Application for Registration
14. (1) An application for registration and an opposition to registration
and all other communications between an applicant, an opponent, and the
Registrar, and between the registered owner of a trade mark and the
Registrar or any other person, may be made by or through an agent.
(2) Any such applicant, opponent, or owner may appoint an agent to