The Republic of South Sudan was established on 9 July 2011, following a referendum approving independence from Sudan. Existing Sudanese trade mark registrations ceased to have effect in the new jurisdiction on that date.

We have been advised that the South Sudan Ministry of Justice has now taken a decision to be guided by the Sudan Trade Marks Act of 1969, relying on Article 198 of the Transitional Constitution of the Republic of South Sudan 2011, which states that "All current Laws of Southern Sudan shall remain in force and all current institutions shall continue to perform their functions and duties, unless new actions are taken in accordance with the provisions of this Constitution". There is a draft Trade Marks Bill in existence which is currently before Parliament, and until this is passed, the provisions of the old Sudanese Trade Marks Act are being followed, and it is now possible to file applications with the Ministry of Justice.

As we understand that any trade marks filed now will be enforceable when the new law comes into force, we recommend that anyone wishing to protect their trade marks in South Sudan should do so as soon as possible, and we are happy to assist with any applications you may have in that regard.