Oct 07, 2024 (Newsletter Issue 10/24)
Trademark Offices adopt 12th edition of Nice classification
While Yemen has two IPOs, one operating in Sana’a and the other in Aden, each with its own jurisdiction and procedures, both offices have recently adopted the 12th edition of the Nice Classification of Goods and Services, allowing applicants to classify their trademarks based on the most up-to-date global standards.
Additionally, starting 22 October 2024, both offices raised the number of goods/services covered in a single trademark application from 4 goods/services to 10. As the option to select 10 items instead of 4 upon filing has been made available, applications pending examination can be amended upon request to include up to 10 items instead of the claimed 4.
On 7 October 2024, the Sana’a IPO introduced an online platform where users can access a range of trademark services, including the filing and recordal of amendments, waivers, objections and responses. Deadlines for all procedures handled through the platform are now automatically calculated by the system, providing greater accuracy and reducing administrative burden. The Official Trademark Gazette will now be exclusively available digitally on this platform.
As brand owners in Yemen are aware by now, the situation in Yemen remains sensitive under the ‘blacklist’ imposed at the office in Sana’a. It is not yet clear if the above developments hint at steps away from current restrictions.
Source: https://cwbip.com/
May 05, 2024 (Newsletter Issue 3/24)
Revised Official Fees for IP Services in Aden
An increase in the official fees associated with the main trademark services in Aden, Yemen has been implemented effective April 28, 2024.
It encompasses a broad spectrum of intellectual property (IP) services pertaining to trademarks. The increased fees are already being applied without any prior official notification or grace period provided by the Intellectual Property Office or the Ministry of Industry and Trade.
Source: www.jahip.com
Apr 21, 2022 (Newsletter Issue 5/22)
Official Publication Fees for IP Rights Increased
SANA’A - The Yemeni Ministry of Industry and Commerce has issued Ministerial Decision No. 28 of 2022 stating that the publication fees for industrial property rights (trademarks, patents, and designs) have been increased from March 1, 2022.
The increase was applied to the publication fees for trademark, patent and design applications, their renewals as well as their recordals.
Source: www.agip.com
Feb 24, 2022 (Newsletter Issue 3/22)Deadline for TM Renewal in AdenThe Ministry of Industry and Trade in Aden has published a new circular in the Official Gazette No. 27 that allows holders of Yemeni Sana'a trademark registrations that expired in 2020 to submit the renewal of their trademark registrations before March 31, 2022, to obtain a legal extension of their trademarks to Yemen - Aden. This is in accordance with the ministerial decision
Please be reminded that the Trademark Office in Aden works independently from the Trademark Office in Sana’a.
For further information, please check the circular here
Source: JAH & Co. IP, Qatar Apr 30, 2020 (Newsletter Issue 6/20)Registrations of Medical Goods MandatoryThe Intellectual Property issued a notice ordering pharmaceutical and medical devices to obtain legal protection of their rights by registration in order to prevent bad faith registration of such trademarks and possible infringement by third parties.
Previously, there was no need for manufacturers or exporters of such products to trademark their goods, and they only had to register their products with the Supreme Authority for Medicines and Medical Devices.
Source: JAH & Co. IP, Qatar Apr 02, 2020 (Newsletter Issue 5/20)
TM Opposition Applications before 2015
The General Department for Intellectual Property Protection in Yemen, affiliate of the Ministry of Industry and Trade, issued a new decision regarding the opposed trademark applications in Yemen.
The decision stipulates that all trademark applications that were opposed before 2015 will be considered as abandoned, due to the complexity of issuing their opposition decisions, since many files were misplaced during the civil unrest situation in Yemen back in 2011 and afterwards, and the relocation of the Ministry building.
Source: www.agip.com
Aug 07, 2019 (Newsletter Issue 10/19)Increase in Publication FeesThe Patent and Trademark Office in Yemen announced an increase in the official publication fees of trademark, patent, and industrial design applications. The new rates will apply to all applications filed on or after August 8, 2019. It should be noted that there are two stages of publication, one for opposition purposes after the acceptance and once after the registration is concluded.
Source: JAH & Co. IP, Qatar Feb 28, 2019 (Newsletter Issue 3/19)Official Gazette of One Registry PublishedThe Ministry of Industry and Trade in Aden has issued Gazette Issues No. 3 and 4 on January 31, 2019, publishing a number of Ministerial Decisions including trademarks applications. The Gazette can be accessed here (local language).
The non-extendable deadline to file an opposition against the trademarks published in this current Gazette issue will be due on April 30, 2019.
Please be reminded that the Trademark Office in Aden works independently from the Trademark Office in Sana’a.
Source: JAH & Co. IP, Qatar
Jan 31, 2019 (Newsletter Issue 1/19)Official Gazette of One Registry PublishedThe Ministry of Industry and Trade in Aden has issued Gazette Issues No. 1 and 2 for July/August 2018 on December 13, 2018, publishing a number of Ministerial Decisions including trademarks applications. The Gazette can be accessed here (local language).
The non-extendable deadline to file an opposition against the trademarks published in this current Gazette issue will be due on March 12, 2019.
Source: JAH & Co. IP, Qatar Jun 28, 2018 (Newsletter Issue 12/18)Option of Filing at Two Registries for Trademark ProtectionYemen has been in a civil war since 2015 and is divided in two factions, one based in the capital Sana’a and one based in the port city Aden supporting the government.
On February 20, 2018, the Ministry of Industry and Trade in the interim capital of Aden issued an important declaration announcing the formation of a new trademark office which has started functioning independently from the current Office in Sana’a.
The Ministry informs that the office in Aden provides the following services:
- Receipt of applications for the deposit of trademarks and all applications related to the Law of Trademarks and Geographical Indications No. 23 from 2010.
- Facilitating procedures for all public and private commercial sectors.
- Renewal of commercial records of all legal types.
- Issuing ministerial decisions on the granting of incorporation licenses to companies.
- Registration and accreditation of commercial agencies for individuals or local and foreign companies.
- Granting certificates of registration of trade names.
- All services activities and commercial activity.
The Ministry calls on all commercial sectors to turn to the Ministry Diwan in the interim capital of Aden, with copies of all the documents in their possession about updating their database, which would preserve their rights according to the law.
To ensure protection across all of Yemen, rights holders should file a trademark application with the registry in Sana’a and also have the option to file a second application with the registry in Aden as of February 2018.
Existing marks that were filed or registered in Sana’a prior to February 20, 2018, will be extended from the Sana’a register to the registry in Aden once the prior evidence is received and issued with new trademark certificates reflecting the same registration numbers.
The Ministry has setup a phone number +967 224 1082 in case of enquiries. Also, the first Gazette of the Office has been issued and can be viewed here
It should be noted that third parties may make use of the opportunity to register other trademarks rights in bad faith.
Source: JAH & Co. IP, Qatar Apr 11, 2018 (Newsletter Issue 7/18)Changes to Trademark Registration ProceduresIn pursuant to Ministerial resolution No. 20 dated March 18, 2018, in regard to setting up deadlines (time frames) for the prosecution of trademarks it has been decided that:
Yemen issued a Ministerial Decree No. 20 dated March 18, 2018, regarding changes to the registration procedures of trademarks. The following new regulations apply:
1. Trademark applications suspended for 12 consecutive months from filing date by the applicant or his agent due to non-payment of publication fees or failure in completing filing formalities or any other reason caused by the applicant shall be considered abandoned and as never existed.
2. Accepted trademarks with conditions or rejected trademarks by the Registrar or Appeals Committee which the applicant or his agent fails to complete registration process within 12 consecutive months from the date of decision shall be considered abandoned and as never existed.
3. The applicant’s or his agent’s failure to complete publication formalities of an accepted trademark in sixty days from notification of the acceptance will result in the abandonment of trademark which will be considered abandoned and as never existed.
4. The applicant of a trademark application will be given ninety days from expiry of opposition term to receive the opposition plea in order to file a response to same; otherwise the trademark application will be considered abandoned and as never existed.
This decision is applied to all pending applications filed before or after the date of this decision which has come into effect on March 18, 2018.
Source: JAH & Co. IP, Qatar Feb 28, 2018 (Newsletter Issue 4/18)Evidentiary Documents Proving Prior Use in Opposition ProceedingsThe Yemeni Trademark Registrar has stipulated that in an opposition filed against the registration of a published trademark application based on prior use, any party may submit an official notification from the Yemeni Chambers of Commerce evidencing use of the opposed trademark in the Yemeni market with all relevant information including the date of first use, the class number, indication of the goods/services for which the trademark has been used and any other documents proving legitimacy and prior use of the trademark and description of the mark which suffices for obtaining a ruling decision in favour of the party having previously used the trademark. This comes in compliance with Article 5 of the 2010 Yemeni Trademark Law 23 of 2010.
The Chambers of Commerce will nominate a committee to conduct market research and investigation to conclude prior actual use based on evidence from the market.
Source: JAH & Co. IP, Qatar Jun 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
Jul 22, 2014 (Newsletter Issue 12/14)Official Publication Fees soon IncreasedThe 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
Jun 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
Sep 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 Sep 03, 2013 (Newsletter Issue 12/13)Official Publication Fees IncreasedThe 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 Sep 03, 2013 (Newsletter Issue 12/13)Official Weekend ChangedPursuant 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 Mar 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
Jul 17, 2012 (Newsletter Issue 11/12)10th Edition of Nice ClassificationThe Yemeni Trademarks Registrar will start using the 10th edition of Nice Classification as of August 1, 2012.
Source: JAH, Doha, Qatar Dec 01, 2011 (Newsletter Issue 14/11)Official Fees for Publishing IncreasedThe 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 Oct 25, 2011 (Newsletter Issue 12/11)New Industrial Designs Implementing RegulationsThe 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 Oct 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
Sep 06, 2011 (Newsletter Issue 10/11)Trademark Implementing Regulations IssuedThe 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 Jun 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.
Feb 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
Dec 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
The legal basis is the Law on Trademarks and Geographical Indications (Law No. 23 of 2010) which entered into force on 23 February 2011.
The country is a member of the WTO with effect from 26 June 2014.
Trademark protection is obtained through registration.
Yemen has been in civil war since 2015 and is divided into two factions, one based in the capital Sana'a and one in the port city of Aden. The Ministry of Industry and Commerce in the interim capital Aden issued an official circular on 20 February 2018 announcing the establishment of a new Trademark Office, which functions independently from the Office in Sana’a. The office in Aden operates in accordance with the original Yemeni Law No. 23 of 2010 on trademarks and geographical indications. To secure your trademark rights and to have a full legal coverage it may be advisable to seek protection in both Sana’a and Aden Registries.
Nice classification, 10th edition
It is possible to claim class headings.
In Yemen – Sanaa, only four (4) items can be selected per trademark application; thus, it is recommended to select the main four items of goods/services which will provide legal protection to the mark for the selected four items as well as all related items in the same line of activity or file additional trademark applications should the applicant would like to have legal protection of the mark for additional items of goods/services in excess of the first four items.
Exception: Class 33 and alcoholic goods in class 32, goods made of pork in class 29 and Christmas trees and related products in class 28 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, collective marks and trade names.
The application is filed at the Registrar of Trademarks at the Ministry of Industry and Trade located in Sana'a.
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 is necessary. Legalized up to the Yemeni consulate, powers of attorney must be locally attested by the Ministry of Foreign Affairs at Sana’a Consulate Affairs Department. The local attestation must be carried out within one year from the date that the power of attorney has been legalized by the Yemeni Embassy abroad, or else the local attestation will be refused by the MoFASimple 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.
As per the recent directives of the TM registrar, the necessary documents must be submitted along with the trademark application.
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 6 to 9 months.
The first office action is taken after approx. 2 months.
Following the successful examination of the IP Office in Sana'a, 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. The time periods 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.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereIP Office Sana’a:
The official fee for filling a trademark application is YER 50,020 in one class. The publication is YER 123,000 (1/4 page) for black and white and an additional fee of YER 4,505 for colored marks. There is no separate registration fee.
IP Office Aden:
The official fee for obligatory pre-search, filling a trademark application and publication fees is YER 84,334 in one class. The registration fees is YER 18,769.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
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Oct 08, 2024
JAH Intellectual Property, Doha, Qatar
