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Yemen (YE)

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06-28-2016 (Newsletter Issue 12/16)
No More Class Headings in Trademark Applications
Based on the ministerial decision No. 239 of 2011, the General Department for Intellectual Property Protection in Yemen issued a public notice on May 4, 2016, related to the use of class heading in trademark applications. This new regulation entered into force on June 6, 2016.

According to the notice, the use of class heading in trademark applications will no longer be an accepted practice. Trademark applications with class heading will be refused, and the applicant should specify the goods/ services for which registration is sought.

Source: www.agip.com


07-22-2014 (Newsletter Issue 12/14)
Official Publication Fees soon Increased
The Ministry of Industry and Trade will increase the publication fees related to trademarks matters as of 7 August 2014 regarding to a Ministerial Decision No.105 of 2014 pertaining to the publication fees in the official Gazette.

The increase ranges from 40 % to 50 % and concern all trademarks actions which require publication in the official Gazette. Also, this increase will be applied to design and patent registration. Applications filed before the effective date 7 August 2014 will not be subject to the increase occurred in the publication fees.

For more information on the new publication fees, please click here

Source: JAH & Co. IP, Qatar


06-24-2014 (Newsletter Issue 10/14)
Accession to WTO
Yemen deposited its “Instrument of Acceptance” on 27 May 2014 with Director-General Roberto Azevêdo, confirming its membership terms. According to WTO rules, Yemen will become a full-fledged member on 26 June 2014.

In the “Instrument of Acceptance”, the Yemeni government declares that the law approving Yemen’s Protocol of Accession enacted by Parliament was issued by the President of Yemen on 11 May 2014.

Yemen is the seventh least-developed country (LDC) to accede to the multilateral trading system since the WTO was established in 1995. As an LDC, Yemen will benefit from technical assistance and capacity building from the WTO Secretariat to support the implementation of its accessions commitments, negotiate trade rules and develop the trade-related skills and infrastructure needed to benefit from its WTO membership.

Source: www.wto.org


09-03-2013 (Newsletter Issue 12/13)
Publication of Appeal Decisions
The Ministry of Trade and Industry in Yemen has issued the Ministerial Decision No. 72 of 2013 related to the publication of appeal decisions.

According to the Ministerial Decision, the appeal decisions and Appeal Committee recommendations will be published at the Official Trademark Gazette "Al-Tijarah" issued by the Yemini Ministry of Industry and Trade. The publication notice will basically include the names of the parties and the trademarks involved, the nature of the case, the date and final decision that has been rendered.

Moreover, the decision stipulates that each appeal is subjected to fee of publication. The ministerial decision has been applied upon its issuance on June 10, 2013.

Source: JAH & Co. IP, Qatar


09-03-2013 (Newsletter Issue 12/13)
Official Publication Fees Increased
The Ministry of Industry and Trade in Yemen, increased the official fees for the publication of IP related matters in the Official Gazette of August 24, 2013.
The increase is applied to all IP issues (trademarks, patents, industrial designs and drawings, etc…).

Source: JAH & Co. IP, Qatar


09-03-2013 (Newsletter Issue 12/13)
Official Weekend Changed
Pursuant to Ministerial Decree No. 179 of 2013, the official weekend in Yemen has changed from Thursday - Friday to Friday – Saturday with effect as August 17, 2013. All deadlines falling on a Friday or a Saturday will move to the first working day following the due date. The same applies to national holidays.

Source: JAH & Co. IP, Qatar


03-12-2013 (Newsletter Issue 3/13)
E-Filing Introduced
The Yemeni Ministry of Industry and Trade (YMIT) has recently launched a new system to file trademark applications electronically on the following website: www.yipo.gov.ye

This new system allows applicants to settle the official fees at the Patent & Trademark Office (PTO) and then fill out an electronic application form along with the requirements, check and review it for accuracy and precision, and then submit it directly over the internet to the Intellectual Property Office. Original copies of the required documents should still be filed at the PTO. The sole purpose of this system is to save the PTO's time regarding entering the data and the required documents to their system. It is cost efficient, and in turn will shorten the examination procedure along with its publication notices.

The YMIT’s goal is to fasten all its services by developing an electronic system for all procedures, which will facilitate the process for clients primarily and will ensure better quality service.

Source: www.sabaip.com


07-17-2012 (Newsletter Issue 11/12)
10th Edition of Nice Classification
The Yemeni Trademarks Registrar will start using the 10th edition of Nice Classification as of August 1, 2012.

Source: JAH, Doha, Qatar


12-01-2011 (Newsletter Issue 14/11)
Official Fees for Publishing Increased
The Yemeni Ministry of Industry and Trade has issued Ministerial Decision No. 246 of the year 2011 regarding the designation of the Trademark Gazette (AL-TIJARAH) as a means to disseminate business sector services related to Intellectual Property (IP) provided by the Ministry of Industry & Trade and the provision of fees for publication.

The decision endorsed by Yemeni Minister of Industry and Trade Eng. Hisham Sharaf Abdullah on November 2, 2011 and circulated on November 13, 2011 can be summarized as per the following:
- The publication upon acceptance and publication upon registration have been merged in one publication instead of two, and the official fees have also been merged.
- The size of the publication will be managed by the number of digits included in the list of goods of the application.
- A new size has been indicated for publication; that is 2/3 of a page which was not available before.

Source: JAH & Co. IP , Doha, Qatar


10-25-2011 (Newsletter Issue 12/11)
New Industrial Designs Implementing Regulations
The implementing regulations related to Industrial Designs Law No. 28 of 2010 in Yemen have been issued under Ministerial Decision No. 212 of 2011 of October 3, 2011. The main amendments of this Law are as follows:

- Disclosure of the invention without the knowledge or consent of the inventor shall not be taken into consideration as relative novelty bar if it occurred within the 6-month period preceding the filing date or priority date of the patent application.
- Design applications are published in the Official Gazette upon acceptance. Oppositions may be filed within 90 days from publication date.
- The protection term is extended to 10 years from filing date, instead of 15 years as per the provisions of the previous law. Renewal is no longer possible. No provision for the payment of annuities.

Source: JAH & Co. IP, Doha, Qatar


10-01-2011 (Newsletter Issue 11/11)
Official Fees Increased and Re-structured
The Council of Ministers has issued their decision No. 178 for the year 2011 by which the official fees in respect of trademark and industrial designs services have been increased.

For trademarks:
The previously implemented sub-classes system has been withdrawn along with their respective extra charges, and the official fees must be paid at filing time instead of separating the fees on each stage respectively.
The total official fees from filing to registration have been increased by 150% compared to the old fees.

For industrial designs:
- Charges: The total official fees have increased to USD $200 instead of USD $170.
- Protection: The design is valid for 10 years and no annuity payments are required to sustain the application.
It is worth mentioning that previously, an industrial design was valid for 5 years, and renewable for 2 periods, each of 5 years, giving a total of 15 years of protection.

This decree was deemed effective from 26 September 2011.

Source: NJQ & Associates, Jordan


09-06-2011 (Newsletter Issue 10/11)
Trademark Implementing Regulations Issued
The Yemeni Trademark Office has implemented a new regulation amending the official fees for trademark services. The main amendments are:
- Filing and registration fees have been changed. Please see new fees below.
- Sub class fees will be eliminated.
- Fees for trademarks in black & white and colours will be unified.
The new regulations have not been completely implemented. It is expected in the nearest future.

Source: JAH & Co. IP, Doha, Qatar


06-01-2011 (Newsletter Issue 8/11)
Trademark Office not Functioning
Due to the ongoing unrest the functioning of the Trademark and Patent Office in Yemen has been interrupted.

Source: SABA & Co.


02-01-2011 (Newsletter Issue 2/11)
Opposition and Renewal Period Changed
The Yemeni Ministry of Industry and Trade issued on November 21st, 2010 Law No. 23 for the year 2010 relating to Trademarks and Geographical Indications. The new law is effective from February 22th, 2011.

The main important points of this new law are as follows:
- The opposition period has been decreased to 90 days calculated from the publication date. (Article 14)
- The grace period for the renewal of a mark registration has been increased to 12 months, noting this would be subjected to the payment of lateness fine. (Article 24)
- Any mark cancelled by the request of its owner can not be registered by any other interested party for the same or similar goods or services unless after three years from the date of cancellation. (Chapter 05)
- The registration fees can be paid within 12 months from the expiry of the opposition period.
- As indicated in Article (06), well-known marks are now recognized as per the following:
1- Any mark application filed for goods or services identical or similar to a well-known mark would be rejected by the Registrar if the well-known mark is not registered in Yemen.
2- If the well-known mark is registered in Yemen, then any mark application in any class would be rejected for being similar or identical to a well-known mark.

- As per Chapter (04), the new law indicates clear provisions for recording of license agreements and recording of assignments, such as the following:
1- The possibility to record the license agreement for some or all the products covered by a mark registration.
2- It is now compulsory to record the license agreement, as the license will not be affected unless it is recorded with the Trademark Office.

- As per Section (03), Chapters (32-40), the new Law has indicated the protection of geographical indications, and also clarifies the relation between trademarks bearing a geographical indication/ geographical indications.
- The new Law has clearly indicated the possibility of claiming priority within six months calculated from the filing date in any member country of Paris Convention, in this case the filing date in Yemen will be the same as the filing date in the original application. (Article 54)
- The new Law has also indicated the penalties against infringement of marks through legal action with the relative court.


Source: www.agip.com

12-01-2010 (Newsletter Issue 17/10)
New Trademark Law Issued/Opposition Period Changed
Yemeni President Ali Abdullah Saleh issued on November 22th, 2010, decision No. 23 of the year 2010 concerning trademarks and geographical indications which will be implemented by the Ministry of Industry and Trade.

The 61-article law includes definitions, trademarks, geographical indications, temporary procedures, penalties and general provisions.

Major amendments are:

- the opposition period decreases from 6 months to 3 months
- severe penalties for infringement
- one year trademark renewal period

The new law will come into force 3 months after its issuance.


Source: www.agip.com

Legal basis is the law on trademarks and geographical indications (Law No. 23 of 2010). This Law came into force on February 23, 2011.
Is a member of the WTO with effect on 26 June 2014.
Trademark protection is obtained by registration.
Nice classification, 8th edition
It is possible to claim class headings.
Exception: Class 33 and alcoholic goods in class 32, goods made of pork in class 29 cannot be registered.
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, holograms, combinations of colours, three-dimensional forms, the three-dimensional form of a good or its packaging and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks and trade names.
The application is filed at the Registrar of Trademarks at the Ministry of Industry and Trade located in Sanaa.
A separate application has to be filed for each class.
Only tradesmen can apply for trademarks.
Foreign applicants need a local agent.
A power of attorney authenticated by the Consulate of the Republic of Yemen or any other Arab Consulate is necessary. Simple copy 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 )
Foreign applicants do not need a domestic registration.
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.
The application process includes formal, absolute and relative grounds of examination which includes an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination cannot be registered even if distinctiveness has been acquired by use.
The processing time from first filing to registration is from 7 to 9 months.
The first office action is taken after approx. 3 to 4 months.
Following the successful examination, the trademark application is published in the official gazette “Al-Tijarah”.
National:
The opposition period is 90 (ninety) days calculated from the publication date of the application which is non-extendable. Extension for opposition/counter-opposition and responding to office actions are not extendable.
A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years each.
The Trademark Law provides for a grace period of 12 months from the date of expiration.

Further practical details are available in our publication on this topic here
A trademark is vulnerable to cancellation upon the request of any interested party who can establish that the trademark was not actually and effectively used during the 5 years immediately preceding the application for cancellation or that there was no bona fide use of the trademark on a good in respect of which the trademark was registered. Any trademark cancelled by its owner cannot be registered by any other party for the same or similar goods or services unless after the lapse of 3 years from the date of cancellation.

Further practical details are available in our publication on this topic here
The official fee for filling a trademark application is YER 50,020 in one class and YER 50,020 for each additional class. The publication fee for black and white trademark for 490 letters of goods is YER 50,000 and for colour YER 55,000.
There is no separate registration fee.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 290,00 € 230,00 € 
Word Mark Search (identical) 260,00 € 200,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
02-28-2017
JAH & CO. IP, Doha, Qatar  

09-21-2015
JAH & CO. IP, Doha, Qatar  

08-22-2014
JAH & CO. IP, Doha, Qatar  

06-07-2013
JAH & CO. IP, Doha, Qatar  

12-15-2011
JAH & CO. IP, Doha, Qatar  



General Directorate for Intellectual Property Services (YIPO)
Al-Game'ah Al-Arabiyah Street
Al-Hasaba Quarter
Sana'a
Tel + 967 123 5461
Fax + 967 125 2348
Mail info@yipo.gov.ye
www.yipo.gov.ye