Yemen: Summary of the Trademark Registration System in Yemen

A Unified Intellectual Property Rights Law (No. 19 of 1994) has been adopted by the Republic of Yemen. This law repeals the Trademarks and Trade Names Law No. 45/1976 which was in force in the former Yemen Arab Republic and Articles 1757-1927 relating to the protection of intellectual property rights of the Civil Law which was in force in the Former People's Democratic Republic of Yemen.

In accordance with the decision of the Minister of Justice, the Trademarks Registry Office located in Aden has officially submitted all the files, registers and records relating to trademarks, patents, and designs, to the Registrar of Trademarks at the Ministry of Supply and Trade located in Sana'a with effect from the month of November, 1995. Based on the above all pending applications previously filed in former South Yemen will be handled by the Sana'a Office.

The international classification of goods and services is followed in the Republic of Yemen. Trademarks covering alcoholic drinks are not registrable according to the Trademark Law. A separate application should be filed with respect to each class of goods and services. According to regulations issued in October 1999 classes will be divided into subclasses. This does not effect protection but is a regulatory procedure for filing and incurs extra fees.

Once a trademark application is filed at the Trademark Office, it is examined as to its registrability. Accepted trademark applications are to be published in the Official Trademark Gazette - Al-Tijarah. There is a six-month period starting from the publication date open for filing an opposition to the registration of a trademark by any interested party. The notice of opposition should be submitted to the Registrar within the legal term. The opposition case is referred to the court if not settled before the Registrar or if either party appeals the Registrar's decision. However, in the absence of opposition, or the opposition is rejected the certificate of registration will be issued.

The validity of a trademark registration is for ten years as from the date of filing the application renewable for similar periods of 10 years each. The renewal application can be submitted during the last year of the current validity term. The Trademark Law provides for a three-month period for late renewal of a trademark, but such renewal application is subject to payment of a lateness fine.

The assignment 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, the assignment shall not be effective vis-a-vis third parties. There is a provision in the law that the assignment of a trademark should be along with the goodwill of the business concern. Changes in the name or address of a registrant, amendment of a trademark and limitation of the list of goods covered by a registration can be recorded as well.

Use of trademarks in the Republic of Yemen is not compulsory for filing applications nor for maintaining trademark registrations in force. However, a trademark is vulnerable to cancellation upon the request of any interested party who can establish that the trademark was not actually used during the five years immediately preceding the application for cancellation or that there was no bona fide use of the trademark on the goods in respect of which the trademark was registered. It is noteworthy that trademark rights are acquired in the Republic of Yemen through registration and that a trademark becomes invincible if the registered proprietor has used it in the country for five years continuously.

Unauthorized use of a trademark registered under the law, an imitation of such a trademark applied on goods of the same class, sale, storing for the purpose of sale, exhibiting for sale of goods bearing a counterfeit mark, or using a mark duly registered under the law by another person to serve the purpose of unauthorized promotion of goods of the same class are offenses punishable under the law in the Republic of Yemen.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

For further information you make also like to view the Intellectual Property Bulletins published monthly by Abu-Ghazaleh Intellectual Property - IP Bulletins