Trademark registration in Yemen. Yemen, officially the Republic of Yemen, & historically known as South Arabia, is a country in Western Asia, on the southern end of the Arabian Peninsula. Yemen is a member of the Arab League, the United Nations, the Non-Aligned Movement, and the Organisation of Islamic Cooperation. Yemen is also a culturally rich country with influence from many civilizations, such as the early civilization of Saba’. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in Yemen.
Necessary documents for trademark registration in Yemen
Necessary documents for trademark registration in Yemen include:
- The application for trademark registration in Yemen;
- Detailed information of the applicant (name, nationality, and address, etc.);
- Detailed information of the representative or attorney (name, nationality, and address, etc.);
- Classification of goods and/or services;
- Trademark sample;
- Priority documents (If any);
- The prescribed fee;
- Other necessary documents.
The procedure of trademark registration in Yemen
To obtain trademark protection in Yemen, the applicant needs to file their trademark application to the Yemen Intellectual Property Office (YIPO).
After receiving the trademark application, the examiners at the IP Office will conduct a thorough examination to check if the mark is registrable.
If there are no problems, the application will be published in the Official Trade Gazette (Al-Tijarah).
The application will then enter a 90 days oppositions period in which any third parties who feel like their rights are violated may file for the opposition of the registration of the mark.
The probabilities of success for an opposition will vary in each case depending on the circumstances.
Protection period and renewal of a trademark in Yemen
After successful registration, the trademark will have a protection period of 10 years from the filing date.
The trademark owner may file for renewal of the trademark every 10 years. The request may be filed 6 months before the expiration date or 12 months after the expiration date.
Use requirement
If the trademark has not been used within 5 years from the registration date, it may be subjected to cancellation by a third party based on non-use.
In order to avoid this vulnerability, the trademark owner must use the mark on a commercial scale. The use can be minimal.
Notes when registering a trademark in Yemen
The assignment, and/or changes in the name or address of a registrant and limitation of the list of goods covered by a registration of a trademark can be recorded once the trademark is registered.
In fact, unless an assignment has been entered against the trademark in the register and published in the Official Gazette, it shall not be effective vis-à-vis third parties.
Unauthorized use of a trademark by any third parties is a violation of the law, whether that infringement action is a copy/imitation, storing for the purpose of sale, exhibiting for sale of goods bearing a counterfeit mark, or using a mark for any other reasons in general without the approval of the trademark owner.
You can see a list of Yemen IP firms here.