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Yemen

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

Use of trademarks in the Republic of Yemen is not compulsory for filing applications or 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 had not actually been used during the 5 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 Yemen through registration and that a trademark becomes invincible, if the registered proprietor has used it in the country for 5 years continuously.

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Classification

The 8th Edition of the Nice Classification has been adopted without the local sub-classification, noting that Class 33 and alcoholic beverages in Class 32 cannot be registered in Yemen

Convention Priority

The new law has clearly indicated the possibility of claiming priority within six months calculated from the filing date in any member country of Paris Convention, in this case the filing date in Yemen will be the same as the filing date in the original application.

Examination Procedure

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.

Opposition

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.

Duration and Renewal

The validity of a trademark registration is for 10 years as of the date of filing the application renewable for similar periods of 10 years each. The renewal application should be submitted within the last year of the current validity term. The trademark law provides for a 12 months period for late renewal of a trademark without the payment of any lateness fine.

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