Trademarks rights in Yemen are at risk.
Following the ongoing unrest in Yemen which leads to the division of the country into two parties; 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, JAH would like to advise its clients/ associates that the Minister of Industry and Trade Decision in Aden – Yemen has issued an official Circular on 20 February 2018 stipulating a number of regulations among of which is that Trademark Office (TMO) in Aden- Yemen starts functioning independently from the current TMO in Sana’a and adopting the same Yemeni Law No. 23 of 2010 on Trademarks and Geographical Indications.
In this connection, please note that as of the above Minister Decision date, Trademark Office in Aden- Yemen has started receiving new trademarks applications independently from trademarks Office in Sana’a and in order to secure all the existing trademarks rights previously filed/registered in Sana’a, the Minister of Industry and Trade Decision in Aden calls for recording the said trademarks rights by submission of copies of evidentiary documents; i.e. a copy of registration certificate or last renewal certificate for registered trademarks or an extract of a trademark from the Trademark Office for pending trademarks (filed or published).
In view of the above, please be alerted that registration of trademarks in Sana’a will no more provides a legal protection to trademarks in Aden – Yemen and therefore all applicants who filed trademarks applications after 20 February 2018 in Sana’a Trademarks Office need to file a sperate trademarks applications with the Trademarks Registry in Aden – Yemen as well. However, existing trademarks which filed/registered in Sana’a before the date of 20 February 2018 are to extend their protection by recording their particulars to the database of Aden Registry.
Consequently, we have come to know that Trademarks Registry of Aden has recently received many new trademarks applications and they are in the process of issuing the first trademarks Gazette for opposition purposes. No regulations have been issued with regard to other trademarks actions except filing of new trademark applications and extension of protection of existing trademarks in Sana’a to Aden. Likewise, same regulations will be applied to patents and designs.
Please find hereunder the filing requirements and official fees for filing a new trademark application as well as extending the protection of the existing marks into the database of Aden’s Registry
- Extension of the protection to Aden Registry:
- *A copy of registration certificate or last renewal certificate for registered trademarks or an extract of a trademark from the Trademark Office for pending trademarks (filed or published).
- *Power of attorney is not required.
Official fees for recording existing trademarks particulars from Sana’a to Aden Registry and issuance of official certificate proving the recordal action are 13 USD.
- Filing a new trademark application at Aden Registry:
Documents required for filing new trademarks applications under Aden legislation are:
- A Power of Attorney, legalized up to a Yemeni Consulate Abroad which is not required if we already possess this document used previously for filing in Sana’a.
- A copy of Certificate of Incorporation or extract from commercial register of the applicant company which is not required if this document was lodged with previous trademarks in Sana’a.
- Print of the trademark if not a word mark.
Official fees for filing a trademark application per class: 96 USD
Publication and registration fees of trademark application per class: 100 USD
In light of the foregoing, we urge our clients and associates to secure their trademarks rights with Aden Registry as clarified above in order to mitigate any issues which would arise when enforcing trademarks against third parties who are using or attempting to register these trademarks on Bad Faith.
For further information or clarification please contact us at email@example.com