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JAH Update for Afghanistan, Oman and Yemen - JAH CO.IP
JAH Update for Afghanistan, Oman and Yemen

AFGHANISTAN – Lump sum collection of filing and registration fee for trademarks

 

JAH & Co. IP would like to advise its associates and clients that as of January 2018 Afghani Patent & Trademark Office (APTO) has started to collect filing, classification and registration official fees at the time of filing and prior to substantive examination for absolute and relative grounds noting that registration fees are non-refundable in case of rejection or opposition. No changes have been introduced to the time of paying official publication fees which will be collected after examination and issuance of acceptance notification. The official notification can be referred to here.

 

OMAN – Adopting the latest edition (11) of Nice Classification

 

The Eleventh Edition of the International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement (Nice Classification) has been officially adopted in the Oman, according to the Trademark Office at the Ministry of Commerce and Industry.

 

The Trademark Office is now ready to receive trademark applications for goods and services under the same edition of the classification.

 

Yemen – Evidentiary documents issued by Yemeni Chambers of Commerce proving prior use becomes critical ruling in opposition cases.

 

The Yemeni Trademark Registrar has stipulated that any opposition lodged against the registration of a published trademark application based on prior use, either party can submit an official notification from any of the Yemeni Chambers of Commerce evidencing use of the opposed trademark in the Yemeni market with all relevant information respective to use including date of first use, class number, statement of goods/services in respect of which trademark has been used and any other documents proving Legitimacy and prior use of trademark and description of the mark which will be sufficient for obtaining a ruling decision in favour of the party who has used the trademark beforehand. This comes in compliance with article no. 5 of Yemeni Trademark Law 23 of 2010.

 

For the Chambers of Commerce to issue an evidentiary use document they will nominate a committee to conduct a market search and investigation to conclude prior actual use based on evidences from the market. The official notification can be referred to here.

 

For further information or clarification please write to us at info@jahcoip.com