Yemen Trademarks

Filing Requirements:

1. Power of attorney, legalized. A general power may be used for subsequent filings.

2. Certificate of incorporation or extract from the commercial register, with English translation, legalized.

3. Copy of priority document, if priority is claimed, certified.

4. 16 prints of the mark for each application.

* Items 1, 2, and 4 must be submitted at the time of filing.

* Document 3 may be submitted within 1 month from filing date.

Classification:

The International Classification of Goods and Services (8th Edition) is followed. However, class 33 and alcoholic goods in class 32 can not be registered in Yemen. A separate application is required for each class with an additional fee for each sub-class.

Opposition:

Trademark applications accepted by the Registrar are published in the Trademark Magazine. Oppositions may be filed within 3 months from publication date.

Extension Of Time:

Extension of time for oppositions/counter-oppositions or for responding to office actions is not possible.

Protection Term:

Trademark registrations are valid for 10 years from filing date and are renewable for like periods. There is a grace period of 1 year for late renewals with payment of a surcharge.

Documents Required For Renewal:

  • Power of attorney, legalized.
  • Copy of the registration certificate or last renewal certificate of the mark.

Use Requirements:

Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 5 consecutive years preceding the date of filing for cancellation.

Search:

An official search may be conducted for word marks only. It takes approximately 4 working days for the results to be available. A separate application is required for search in each class. The search report discloses similar and identical trademark registrations.

Assignment:

* Registered trademarks may be assigned with or without the goodwill of the business concerned.

* Documents required:

  • Power of attorney from the assignee, legalized.
  • Deed of assignment, legalized.

Change Of Name/Address:

* A change of name/address may be recorded for trademark registrations only.

* Documents required:

  • Power of attorney, legalized.
  • Certificate of incorporation or extract from the commercial register attesting the change of name/address of the applicant, legalized.

Licensing:

* License recordal is not compulsory but advisable in order to be effective against third parties.

* Documents required:

  • Powers of attorney, legalized (one power for each party).
  • A legalized license agreement executed on behalf of both parties and indicating the territory of which the license is granted.

Merger:

* A merger may be recorded for trademark registrations only.

* Documents required:

  • Power of attorney, legalized.
  • Certificate of merger, legalized.

Marking:

Marking is not compulsory.

Cancellation:

A trademark is subject to cancellation by any interested party before the Court on absolute grounds or if it can be established that the mark was not rightfully registered.

Registration Time Frame:

The time frame for completing the registration process is 9 to 11 months.

Three Dimensional Trademark Applications:

Inadmissible.