Yemen: New Ministerial Resolution on Trademarks
30-Jun-2018
SANA’A – Following the Ministerial Resolution No. 20 of 2018 previously issued by the Ministry of Industry and Trade in Yemen, the Ministry recently issued the new Ministerial Resolution No. 72 of 2018 on determination of specific procedures related to trademark registration.
The new regulations are as follows:
1- In case of opposition against a trademark, and the opponent's argument is the use of that trademark in the local market, the opponent should provide a statement issued by the Chamber of Commerce and Industry. This statement must include the form of the trademark, date of use, area of use and category.
2- If the Registrar’s decision in an opposition is to accept the opposition and the applicant does not proceed with the registration procedures within 90 days from the date of receipt of the decision, any other party may, after the expiry of this period, apply for the registration of the same trademark in their name in accordance with the law.
3- The name of villages, cities or governorates of Yemen should not be registered as a trademark or as part thereof, unless the mark is a geographical indication that is deposited and registered in accordance with the rules issued by a decision of the Council of Ministers.
4- Personal titles and/or personal nicknames should not be registered as a trademark or as part thereof, unless it includes the full personal name of the trademark applicant.
5- A trademark shall not be identical or similar to a trademark registered in the Registry in respect of identical or similar products or services in the same class.
6- Applicants should specify the goods and services to be included in their trademark applications, as the use of class heading in trademark applications is no longer an accepted practice.
7- This decision shall not prejudice or conflict with the Law No. 23 of 2010 related to trademarks and geographical indications.
8- This decision if effective three months following the date of issuance, May 26, 2018.
For more information, please contact AGIP office in Yemen at: yemen@agip.com