22. (1) Where a trade mark is or be used with the consent of the
registered owner, by other physical or juristic person, such used is
deemed as may be the registered owner, provided that the relations or
arrangements existing between the registered owner of the user ensure
an effective control by the owner of the use of the trade mark with respect
to the nature and quality of the goods and provided that the trade mark is
not used in such a manner as to deceive the public.
(2) Arrangements relating to the use of a registered trade mark by related
persons must be recorded, at the instance of either part, within a period
of six months from the date of the instrument and upon payment of the
prescribed fee and the Registrar shall issue a certificate of registration
under his hand in the prescribed from. The registration shall be as from
the date of application and its duration shall not in any case exceed that of
the mark itself. On failure of such recorded, the license shall be null and
void.
(3) (a) The Minister may, by order, provide that agreements concerning
the use of trade mark by related persons, and amendments or renewals of
such agreements, which involve the payment of royalties abroad shall
require his approval, taking into account the needs of the country and its
economic development.
(b) The transfer of royalties abroad shall be subject to existing currency
regulations.
Renounciation of Registration
23. The registered owner of a trade mark may renounce the registration,
either wholly or in part of the goods for which the mark is registered, in
the prescribed manner and upon payment of a publication fee as
prescribed.
Cancellation of Registration
24. The cancellation of the registration of a trade mark shall be ordered by
the Court on the request of any interested person or the Registrar:
(a) If the mark was not entitled to registration under the provisions of this
Act, provided that grounds which no longer existed at the time of the
decision shall not be taken into account.
(b) If the mark has been obtained by fraud.
(c) If the mark has, without legitimate reason, not been used in the
Republic of Sudan, after registration, during five consecutive years
preceding the regarding the allegation of non-use. The burden of proof
regarding the allegation of non-use of the mark or the use of it shall be