Trademarks

Law

A new Law No. 23 of 2010 related to Trademarks and Geographical Indications has been issued in Yemen along with its Implementing Regulations.

Conventions

WIPO.

Classification

Yemen follows International Classification. Alcoholic drinks and goods having   religious prohibitions are not registrable.

Examination

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 Trade Gazette (Al-Tijarah). There is a 90 days 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 if the opposition is rejected, the mark is processed to registration and the registration certificate will be issued.

Duration

A registration is for a period of 10 years renewable for similar terms. There is a grace period of 3 months for renewal.

Use

Use is not compulsory for filing an application or for maintaining the registration. However, a registration is vulnerable to cancellation at the instance of any interested party who can establish that the mark was not in use for five years preceding the application for cancellation. 

Assignment

Assignment of a trademark shall be with the goodwill of the business.

Infringement

Infringement of a registered trademark is an offense (and an actionable wrong)?

IP Decisions KSA