YEMEN

Please be advised that following the ongoing unrest in Yemen which leads to the division of the country into two jurisdictions; one party in Sana’a - Yemen under the national salvation government and the other party in (Aden – Yemen) under the rule of the new legitimate government. Please note that, this results in the formation of new trademarks Office in Aden which functions independently from the current TMO in Sana’a. Therefore, it is recommended to secure your client’s trademarks rights with both Sana’a and Aden Registries. 

Formerly, the practice of filing in Aden for local applicants are possible since more than 20 years and after filing the application (s), the offices in Aden used to send the application to TMO in  Sana’a for further action of examination to be conducted by examiners at the Trademark Office and the certificate of registration were to be issued from Sana’a. as the legitimate government in Aden used to be in charge of trademarks Office in Sana’a

However, when the national salvation government (by coup) took control over Sana’a region, the official government retreated to Aden region which resulted in the formation of Trademark Office (TMO) in Aden- Yemen which has started functioning independently from the current TMO in Sana’a.

Consequently, The Minister of Trade and Industry which is based in Aden had made the announcement of the independent setting up of the registry in Yemen which was to be followed by the issuance of official gazette. The Aden Trademarks Office started receiving many trademarks applications and they have issued the first trademarks Gazettes for opposition purpose. 

For the time being, there is no website where public can check the opposition gazette at the Aden office; however, the official Gazette will be available for collection at the Ministry of Industry and Trade which will contain publication of trademarks applications for opposition purpose as well as Commercial Agencies and other Ministerial regulations. Since the announcement clarified adopting of the same Yemeni Law No. 23 of 2010 on Trademarks and Geographical Indications, the opposition period will remain as 90 days from publication date. In this regard, please note that the situation at the office in Aden is still at its nascent stage and lacks many essential elements regarding setting up of a trademark office and the processing of applications hence we will have to exercise patience and await further developments.

Kindly note that there is also a provision of extending exiting trademark rights in the Yemen Sanaa jurisdiction to the newly formed one. Therefore, we request our clients to make use of the TMO at Aden for filing of new trademark applications and extension of trademarks filed and registered in Sanaa with the trademark Registry in Aden avoiding third parties attempts to file and register brand names especially well-known brands mainly by local entities. 

Please be advised that, the extension confirmation is issued by the Directorate of Protection of Intellectual Property, Geographical Indications and Patents on behalf of the General Administration at the Ministry of Industry & Trade in Aden in accordance with law no. 23 of 2010.

YEMEN-(Sana’a)

• Filing Requirements:

1. A Power of Attorney legalized up to the Consulate of the Republic of Yemen.

2. A copy of the certificate of incorporation or an extract from the commercial register which should include the name, address, date of incorporation and objectives of the corporation, (no need for local attestation )

3. The name, address, nationality, and occupation of the applicant, and the nature of its business.

4. A list of the goods and services to be covered by the application.

5. Clear print of the trademark.

N.B: 

The necessary documents should be filed within 30 days from the date of filing (non-extendable). Otherwise, the applications will considered as abandoned. The priority document should be submitted after filing without time limit.

• Time Frame:

The approximate time frame for completing the registration process of a trademark in the normal cases is about 7 to 9 months.

• Validity:

A trademark registration is valid for ten years from the filing date.

• Notes:

Local Sub classes have been eliminated. The 8th edition of the international nice classification will be followed excluding class 33 and alcoholic beverages in class 32. 

A separate application is to be filed for each class of goods.

• Renewal Requirements:

1. A power of attorney duly legalized up to the Yemen Consulate or in its absence any Arab consulate available at applicant home country.

2. Copy of the final registration certificate or last renewal certificate.

• Notes:

Kindly be advised that, the validity of the trademark registration in yemen is ten years as from the filing date.  Thereafter, a trademark registration is renewable for further consecutive periods of ten years each. 

The renewal fees of a trademark registration can be paid during the last 12 months of the current protection period. There is a 6-months grace period within which a late renewal application can be filed, but such a late renewal application is subject to the payment of additional fees.

• Requirements for Recordal of Change of name/legal status:

1. A Power of Attorney in the new name Duly Notarized & Legalized by the Yemeni Consulate or any other Arab consulate.

2. A copy of any document showing the change of name Duly Notarized & Legalized up to the Yemeni Consulate.

3. A simple copy of the registration certificate or the last renewal certificate.

• Requirements for Recordal of Change of address:

1. A Power of Attorney Duly Notarized & Legalized by the Yemeni Consulate or any other Arab consulate.

2. A copy of any document showing the change of address. No legalization is required.

3. A simple copy of the registration certificate or the last renewal certificate.

• Requirements for Recordal of assignment, merger, or license:

1. A Power of Attorney executed by the assignee legalized by the Yemeni Consulate or any other Arab consulate.

2. An assignment deed executed by the assignor and the assignee and legalized by the Yemeni.

3. A simple copy of the registration certificate or the last renewal certificate.

• Requirements for Recordal of license:

1. A Power of Attorney executed by the licensee Duly Notarized & Legalized by the Yemeni Consulate or any other Arab consulate.

2. A license agreement Duly Notarized & Legalized by the Yemeni Consulate.

3. A simple copy of the registration certificate or the last renewal certificate.