Principles

·  TRADE MARKS — Sudanese emblem—Rhinoceros Not capable of registration — Trade marks Ordinance 1931, s. 6 (1)

·  TRADE MARKS — Sudanese emblem — Registrar of Trade Marks has no authority to authorise use — Trade Marks Ordinance 1931, s. 6 (1)

The rhinoceros, emblem of the Sudan, may not be registered as a trade mark unless authorised by competent authority under Trade Marks Ordinance 1931, s.6(t); the Registrar of Trade Marks is not a competent authority to authorise use of Sudanese emblems.

The rhinoceros, emblem of the Sudan, may not be registered as a trade mark unless authorised by competent authority under Trade Marks Ordinance 1931, s.6(t); the Registrar of Trade Marks is not a competent authority to authorise use of Sudanese emblems.

Judgment

Advocates:

Khahlafalla Rasheed for the Attorney-General.. . . ………………………………..for plaintiff applicant

 Siddik Abdel Halim Siddik………. for defendant-respondent.

Abdel Magid Imam, J., May 1, 1963:— This application is made by the Attorney-General on behalf of the Republic erasing under Trade Marks Ordinance 1931, s. 17 (1) for cancellation of the Registration of a rhinoceros as a Trade Mark in respect of respondent’s goods upon the grounds that it is an insignia of the Sudan State, as prosided by section 6 (1) of the said Ordinance.

As I see it this application should be granted. Trade Marks Ordinance 1931, s. 6(1) reads:

“The following are not capable of registration as trade marks

(1) Public armorial hearines, crests, insignia or decorations of the Sudan or of foreign states or natons unless authorised by the competent authorities

The main ground contained in the submission for the defence against the apphcation and in support of registration is that there is no legislation concerning the rhinoceros as the instgnia of the state or regulating its use

This Court takes judicial notice that the rhinoceros is the emblem of the Sudan State and holds that the “authorities” mentioned under section 6(1) abn’e mentioned do not include the Registrar of Trade Marks.

For the above reasons the application succeeds ssith Costs. The Registration complained of is hereby cancelled.

The respondent is directed to sue the Republic of the Sudan if he so desires.