News & insights

Yemen: New Trademarks Implementing Regulations

October 8, 2011

The implementing regulations of Trademark Law no. 23 of 2010 in Yemen were issued on July 27, 2011, according to Ministerial Decision No. 213 of 2011. The new salient features of these regulations include:

1. The 8th edition of the Nice classification is adopted with no local sub-classification.

2. The Registrar is expected to complete substantive examination (examination on absolute and relative grounds) within 30 days from submission of all required documents.

3. Applications for renewal of trademarks will be published in the Official Gazette.

4. In the event that an owner of a trademark desires to secure provisional protection to a mark which is used on products or services displayed in national or international exhibitions held in the country, he shall notify the competent authority one month before the opening of the exhibition. The trademark’s owner shall be granted a certificate of provisional protection of his trademark within a period that does not exceed 3 months after the end of the exhibition.

5. The Trademark Office will no longer issue any certificates of renewal, change of name or change of address. Only official receipts to this effect will be granted to applicants attesting to any change of title. The Trademark Office will only issue the following certificates:
 
– Certificate of Registration.
– Merger Recordal Certificate
– Assignment Recordal Certificate
– License Recordal Certificate
– Pledge Recordal Certificate

6. The Trademark Office has cancelled all surcharges imposed on late filing of documents.

7. There is a grace period of 1 year for late renewals without payment of a surcharge.

8. The registration number will remain the same as the filing number once an application matures to registration.

9. A new schedule of official fees is introduced. The fees have increased substantially  in comparison with their current level.

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