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YEMEN TRADEMARKS - JAH CO.IP
YEMEN TRADEMARKS

Trademark Requirements:

A power of attorney duly legalized up to the Yemen Consulate.

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 (scope of business) of the corporation, (no need for legalization )

A certified copy of the priority document (in case priority is to be claimed).

 

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 and at no additional cost.

 

According to the decision No. 178 of 2011 in respect of Law No. 23/2010 for trademarks and Geographical Indications, the official fees have been increased and the implementing regulations have been amended as follows:

Filing fees and registration fees have been fused.

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.

Fees for filing trademarks in Black & White and in Colors have been unified.

Upon registration of the trademark, the details of this latest are republished in the Official Bulletin: Trademark registration No, Name of the trademark owner, and the first publication’s date.

No certificates will be issued for trademark renewals, change of name and change of address. Only official receipts and a notice from the Yemeni Trademark Office will attest such procedures.

The new implementing regulations allow the possibility of provisional protection for trademarks to be displayed during local exhibitions. The owner of the trademark should present the temporary protection application within, minimum, 1 month from the exhibition’s date. The application should include the Minister’s approval for establishing the exhibition, receipt for payment of the official fees, and copy of the trademark. A certificate for provisional protection is granted to the trademark owner. The temporary protection term does not exceed 3 months from the exhibition’s ending date.

 

The time period from the filing date till the issuance of the Certificate of Registration in the normal course of action is 7 to 9 months.

 

Time frame from filing a trademark application up to registration in the normal course of action; i.e.  in case that no office action is raised by the trademark examiner or oppositions are lodged by third parties.

Filing up to Examination : 1 month

Examination up to Publication : 1 month

Opposition Period : 90 days from publication date

End of Opposition Period up to Issuance of Registration Certificate : 1-3 months

Total Estimated Time Frame : 6-9 months

Renewal Applications:

A power of attorney legalized up to the Consulate of the republic of Yemen.

Minimum Requirement for Renewal:

A copy of power of attorney (original by mail).

A copy of the trademark registration certificate.

 

Grace period is 12 months from the expiry of the protection period without any Penalty fees.

 

Time frame from filing a trademark renewal application up till issuance of the renewal certificate:

Filing up to Examination : 10 days

Examination up to Publication : 20 days

Publication to Issuance of Renewal Certificate : Upon the payment of publication fees the renewal notices can be issued then publication can be done after that.

Total Estimated Time Frame : About one month

 

Assignment Applications:
A Power of Attorney executed by the assignee legalized by the Yemeni Consulate or any other Arab consulate.
An assignment deed executed by the assignor and the assignee and legalized by the Yemeni.
A simple copy of the registration certificate or the last renewal certificate.

 

Time frame needed for completing the recordal of an assignment/merger recordal:

Filing up to Examination : 10 days

Examination up to Publication : 20 days

Publication to Issuance of Certificate Recordal : Upon the payment of publication fees assignment/merger certificates can be issued publication can be done after that.

Total Estimated Time Frame : About one month

 

Registered User/License Agreement Applications:
A Power of Attorney executed by the licensee legalized by the Yemeni Consulate or any other Arab consulate.
A license agreement legalized by the Yemeni Consulate.
A simple copy of the registration certificate or the last renewal certificate.
In Yemen a license agreement has to be in writing. It is not permitted to license the use of unregistered marks. A trademark may be licensed for some or all of the goods or services in respect of which the trademark is registered. The sale of a registered trademark does not automatically terminate the license. There are no specific statutory provisions in the civil or common law stipulating terms or conditions for the licensing of trademarks. Such matters may be decided upon by the parties, including the term of the license which term should not exceed the term of protection of the trademark registration.  There are no provisions in law for the recordal of a licensee. The recordal of a license is voluntary, but non-recordal may affect use requirements. There is no time frame for a recordal and no prescribed form or content for the validity of a license agreement. The terms and conditions agreed between the parties will constitute the license agreement.
Upon the recordal of a license agreement in the Trademarks Register and its publication in the Official Gazette it will be effective and enforceable vis-à-vis third parties from the application date of the recordal.

 

Time frame needed for completing a registered user/license agreement from submitting the recordal application till issuance of the user/license agreement certificate:

Filing up to Examination : 10 days

Examination up to Publication : We can paid the publication fees & license agreement can be issued then publication can be done after that.

Total Estimated Time Frame till issuance of the user/license agreement certificate :  About one month

 

Infringement Proceedings:
There is an evidentiary presumption that use of a recorded licensee is permitted use. The licensee may not join the trademark owner in infringement proceedings. An infringement action can only be defended by the legitimate owner of the trademark. The licensee may call upon the owner to institute infringement proceedings, but he may not defend any infringement action unless so authorised by the owner of the trademark. The licensee may not institute any proceedings related to the trademark registration in his own name if the proprietor refuses or neglects to do so, unless so authorised by the owner of the mark.

 

Change of Address Applications:
A Power of Attorney legalized by the Yemeni Consulate or any other Arab consulate.
A copy of any document showing the change of address. No legalization is required.
A simple copy of the registration certificate or the last renewal certificate.

 

Change of Name Applications:
A Power of Attorney in the name legalized by the Yemeni Consulate or any other Arab consulate.
A copy of any document showing the change of name legalized up to the Yemeni Consulate.
A simple copy of the registration certificate or the last renewal certificate.

 

Opposition proceedings:

The opposition period is NINETY DAYS from the publication date of the application.
Every interested person may submit a written opposition against the registration of a published trade mark application. The opposition application shall contain the grounds of opposition and shall be submitted within ninety days of the date of the publication in the Official gazette. The Concerned Department must serve the applicant with copy of the opposition and the applicant must submit a written reply against the opposition within thirty days of its notification of the opposition, subject to considering the applicant as abandoned its application.  The Registrar shall issue, in respect of the trade mark opposition, in the time thus specified, a grounded decision whether such decision be an acceptance or denial of the opposition.  The applicant or the opponent may appeal against the Registrar’s decision to the Court within thirty day-period running from the date of their notification of the Registrar’s decision. The appeal submitted against a decision denying an opposition submitted against a certain trademark application may not suspend the registration processes unless the Court rules otherwise. The Applicant shall be given a twelve-month period running from the date in which the time fixed for the opposition lapses without submittal of any opposition, or otherwise running from the date of issuance of a decision in respect of the submitted opposition, in order to proceed in the finalization of the procedures of registration of the mark, subject to considering the applicant as abandoned its application.