18. (1) When an application is advertised as accepted any interested
person resident in the Sudan, may, within six months from the date of
such advertisement oppose the registration of the trade mark. Any person
outside the Sudan may also within eight months from the date of
advertisement of an application for the registration of a trade mark, file
with the registrar an opposition to such registration on any of the
following grounds:
(a) That the mark is not entitled to registration under the provisions of
this Act.
(b) That the mark has been obtained by fraud.
(c) That at the date application there was no bona fide intention to use the
mark or that the applicant has effectively abandoned his mark.
(2) Any opposition to the registration of a mark has to be filed in the
applicant has effectively abandoned his mark.
(3) The Registrar shall send a copy of the notice of opposition to the
applicant for registration and within the prescribed time after receipt
thereof the application shall send to the Registrar, in the prescribed
manner, a counter- statement of the grounds on which he relies for his
registration, and if he does not so, he shall be deemed to have abandoned
his application.
(4) If the applicant sends a counter-statement as aforesaid the Registrar
shall furnish a copy thereof to the person having given notice of
opposition. The Registrar shall after hearing the parties if so required, and
subject to what conditions, amendments, registration is to be permitted.
(5) In any hearing as aforesaid before the Registrar the evidence shall be
given by affidavit, but in any case in which the Registrar thinks it right to
do so he may take evidence viva voce in lite or require addition to the
evidence by affidavit.
(6) The decision of the Registrar shall be subject to appeal to the Court.
(7) If no opposition is filed within the prescribed period or after final
decision of the Registrar or the Court granting registration, the Registrar
shall subject to conditions, amendments, modifications or limitation if any,
proceed to register the mark and shall issue a certificate of registration
under his hand in the prescribed manner. The mark when registered shall
be registered as on date of the application and such date shall be given
for the purposes of this Act to be the date of registration.
Duration of Registration and Renewals