FAQ

T1: How long will it take to conduct a trademark search?
Three working Days.

T2: Does your country use the international classification?
Yes, Yemen has adopted the 8th Edition of the Nice Classification.

T3: Are there any goods or services for which the mark can not be
registered?

Yes, Beers in class 32 and All goods in class 33.

T4: Does the specification of goods in any class limit the protection
to the specified goods, or does it give additional protection to all
the goods in the class?

It is limited to the specified goods.

T5: Can a trademark be registered in the name of more than one
applicant (i.e. joint application) ? If so, what are its requirements?

Yes, the requirements are the same as usual application.

T6: Can an application be filed without its complete documents? If
yes, what is the deadline for filing the documents?

No, all documents should be filed along with the applications. However, 30 days is provided in case of filing an application with claiming priority.

T7: Can one application cover more than one class of goods/services?
No, each class should be filed in a separate application.

T8: May priority be claimed under the Paris Convention?
Priority can be claimed within 6 months calculated from the filing date of the original application.

T9: What is the term of protection of a trademark? From what date is it calculated?
Ten years as from the filing date.

T10: Is marking compulsory and, if so, how should marking be made?
No, it is not compulsory.

T11: In case a trademark is not renewed in due time, and another company register the same trademark, can the original owner oppose the registration or not?
Yes, as any interested party may oppose the application.

T12: If the trademark was filed incorrectly originally, what documentation would be required to amend the official register to show the correct details?

Amendment application should be filed depending on the mistake, noting that this would be based on the Registrar, as there are no provision in this regard.

T13: Is use required before registration or for maintaining the registration in force?
Use of the trademark is not compulsory for registration or for maintaining the registration in force.

T14: Is use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration?
Yes.

T15: What are the types of use required?
Direct use or through license.

T16: Can the assignment of an application be recorded?
No, it should be only for registered trademarks.

T17: Is recording a license agreement compulsory? What are the consequences of non-recordal?
A license agreement shall enjoy no effectiveness or legal value against third parties unless upon recording the same with the Trademark Office.

T18: Can recordals such as change of name, address, merger, assignment, license, etc., be made against pending applications?
No, it should be only for registered trademarks.

T19: Can an assignment be made with or without the goodwill? What monetary consideration is to be mentioned as the value of the assignment? Is there any tax based on the value mentioned?
Yes, it can be made with or without the goodwill, minimal consideration can be mentioned as the value of the assignment, There is no tax based on the value mentioned.

T20: Can the trademark application be opposed and what is the opposition period?
Yes, it can be opposed within 90 days as from the publication date.

Address:

Abu-Ghazaleh Intellectual Property Hadda Area, Diplomatic Zone

P.O. Box: 2055, Sana’a Republic of Yemen
Telephone: +967 1 453333
Fax: +967 1 453334
Email: yemen@agip.com
Contact: Aatef Abdul-Moula (Mr)