Yemen – Trademarks

From Filing to Registration: 12-15 months

Convention Priority: N/A

Classification of Goods/Service: International (8th Edition), and subdivided into local sub-classes

Multiple Class Applications: N/A

Procedure: Once the application is filed, it is queued to be examined as to the trademark registrability. Accepted applications by the Registrar are published in the Trademark Official Gazette. There is 90 days period for filing an opposition by any interested party. In absence of an opposition, the published trademark is registered, and the certificate of registration is issued.

Registration Validity: 10 years, renewable for other consecutive periods, each of which is 10 years.

Renewal Time: Application for Renewal should be submitted during the last year of the protection period. There is 1 year grace-period for late renewal without payment of lateness fine.

Trade/Service mark Use: Not pre-requisite for registration. However, a trademark is vulnerable for cancellation by any interested party, who may prove that the trademark was not actually used for five consecutive years.

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Requirements:

Trademark/Service Mark Applications

1. Power of Attorney duly notarized and legalized up to the Consulate of Yemen.
2. Certificate of Incorporation or extract from the commercial register showing applicant’s name, address and objectives, duly legalized up to the Consulate of Yemen.
3. 20 Prints of the trademark.
4. Certified copy of the priority document, if priority is to be claimed.

Renewal of Trademark/Service Mark Registrations

1. Power of Attorney duly notarized and legalized up to the Consulate of Yemen.
2. Copy of the Certificate of Registration.

Assignment Applications

1. Power of Attorney by the Assignee duly notarized and legalized up to the Consulate of Yemen.
2. Deed of Assignment, signed by both parties, notarized and legalized up to the Consulate of Yemen.
3. Copy of the Certificate of Registration of the mark.

Change of Name/Address Applications

1. Power of Attorney in the new name/address duly notarized and legalized up to the Consulate of Yemen.
2. Certificate of change of name /address, duly legalized up to the Consulate of Yemen.
3. Copy of the Certificate of Registration of the mark.

Registered User/License Applications

1. Power of Attorney by the Licensee, duly notarized and legalized up to the Consulate of Yemen.
2. License Agreement, signed by both parties, notarized and legalized up to the Consulate of Yemen.
3. Copy of the Certificate of Registration of the mark.

Yemen – Patents

Patent Protection Period: 20 years

Annuity Payments: A maintenance fee is due annually on the anniversary of the filing date.

From Filing to Grant: The Patent Office in Yemen is currently accepting applications only. No further action is taken.

Convention Priority: Yes

Novelty: As per the Yemeni Patent Law, novelty means that the invention “has not been used before”.

Filing Language: English and Arabic

Procedure: Once the patent application is filed, it is queued to be examined by Yemeni Patent Office with respect to compliance with formalities and patentability. If accepted, the application will be published in the Official Gazette. There is 90 days period for any interested party’s opposition. In absence of any opposition, the decision of grant and the letters patent are issued is issued.

PCT: Yemen is not contracting state of PCT

Filing Requirements for Patent Application:

1- Power of Attorney, duly notarized and legalized up to the Consulate of Yemen.
2- Deed of Assignment from the inventor(s) to the applicant, duly notarized and legalized up to the Consulate of Yemen.
3- One copy of the specification, claims and drawings, together with their Arabic translation.
4- Abstract of the invention of no more than 100 words with an Arabic translation.
5- Certified copy of the priority documents, if priority is to be claimed.

Assignment Applications

1- Power of Attorney by the Assignee, duly legalized up to the Consulate of Yemen
2- Deed of Assignment, signed by both parties, notarized and legalized up to the Consulate of Yemen.

Change of Name/Address Applications:

1- Power of Attorney in the new name/address duly legalized up to the Consulate of Yemen.
2- Certificate proving the change of name/address, duly legalized up to the Consulate of Yemen.

License/Registered User Agreements Applications:

1. Power of attorney executed by the licensee, duly legalized up the Consulate of Yemen
2. License Agreement executed by both parties, duly legalized up to the Consulate of Yemen

Yemen – Designs

Design Protection Period: 5 years and can be extended for two more 5 years (totally 15 years).
Convention Priority: Yes
Novelty: Absolute
Annuity Payments: non-applicable

Procedure: Once the Design application is filed, it is queued to be examined with respect to compliance with provision of Industrial Designs Law. Once an application is accepted, it is entered in the register and published in the Official Gazette. Any interested third party may file an opposition against the design application within 90 days from the publication date. In the absence of any opposition, the application proceeds to registration for the issuance of the registration certificate.

Filing Requirements for Design Application:

1- Power of Attorney duly legalized up to the Consulate of Yemen.
2- Extract from the Commercial Register or from the Memorandum of Association, if the applicant is a company or body corporate, duly legalized up to the Consulate of Yemen.
3- Two copies of the model or design, if it is two-dimensional, or two copies of each view thereof, if it is three-dimensional.
4- Deed of assignment signed by the inventor, if the applicant is not the inventor, duly notarized and legalized up to the Consulate of Yemen.
5- A certified copy of the priority document, if priority is to be claimed.

Requirements for Assignment Applications

1- Power of Attorney by the Assignee, duly legalized up to the Consulate Yemen
2- Deed of Assignment, signed by both parties, notarized and legalized up to the Consulate of Yemen

Change of Name/Address Application:

1- Power of Attorney in the new name/address, duly legalized up to the Consulate of Yemen
2- Certificate proving the change of name/address, duly legalized up to the Consulate of Yemen.

License/Registered User Agreements Application:

1. Power of attorney executed by the licensee, duly legalized up the Consulate of Yemen
2. License Agreement executed by both parties, duly legalized up to the Consulate of Yemen