South Sudan, with its capital in Juba, seceded from Sudan (with its capital in Khartoum) on December 5, 2005. However, official independence did not come until January 2011, when South Sudan became the world’s youngest country to date—and also one of the most fragile and unstable, following a seemingly endless civil war that lasted nearly a decade.
In this slow but long-awaited awakening of the African continent—a continent brimming with opportunities and riches that have been thwarted by countless circumstances—South Sudan is extremely rich in oil and could one day leave its underdeveloped status behind and become a land of great opportunities for its citizens and foreign investors. Let’s hope so! There is so much to rebuild and construct, and so many challenges to overcome.
Amid a sense of hope, we continue to wait indefinitely for the enactment of a Trademark Law that was first announced in 2015 and has been delayed for nearly ten years.
A few weeks ago, we learned from our trusted local colleagues that the trademark registration process had been reopened in this East African country. It is important to note that the Trademark Law has not yet been enacted and that a previous attempt to open the process in 2017 was ultimately put on hold due to numerous challenges.
However, as of today, for those owners who can demonstrate that they acted in good faith, the opportunity to file a trademark reservation with the Ministry of Justice and Foreign Affairs has arisen once again. The procedure is relatively straightforward and does not differ significantly from what would be required for a trademark application in other countries. It is necessary to prove good faith by demonstrating the owner’s standing and the existence of registrations in other countries, which involves submitting various types of documents and incurring associated costs. The validity of such a filing will depend on the enactment of the Trademark Law when it eventually takes effect, provided circumstances and events do not change.
Cristina Arroyo, Director of International Brands.