Trademarks Law in Yemen
Here’s an overview of trademark law in Yemen:
🇾🇪 Trademark Law in Yemen
🔹 Governing Law
Trademark protection in Yemen is governed by the Yemeni Intellectual Property Law No. 26 of 2007.
The law covers trademarks, patents, industrial designs, and other IP rights.
The competent authority for trademark registration is the Yemeni Ministry of Industry and Trade.
Yemen is a member of the Paris Convention for the Protection of Industrial Property.
Yemen is not a member of the Madrid Protocol; international trademark registration via Madrid is not available.
🔹 What Can Be Registered?
Any visible sign capable of distinguishing goods or services, including:
Words, names, letters, numerals
Logos, designs, shapes, colors
Sounds and other non-traditional marks (subject to graphical representation)
Collective marks and certification marks are also protectable.
🔹 Registration Process
Application: File an application with the Ministry of Industry and Trade, including a representation of the mark and list of goods/services.
Examination: The application undergoes formal and substantive examination.
Publication: Accepted applications are published in the official gazette for opposition (usually 60 days).
Opposition: Third parties may file oppositions within the opposition period.
Registration: If no opposition or if opposition is resolved in favor of the applicant, the mark is registered and a certificate is issued.
🔹 Duration and Renewal
Trademark protection lasts for 10 years from the filing date.
It can be renewed indefinitely for further 10-year terms upon payment of renewal fees.
🔹 Use Requirement and Cancellation
Non-use of the trademark for 3 consecutive years after registration may lead to cancellation.
Cancellation can be requested by third parties through the Ministry or courts.
🔹 Rights Granted
Exclusive rights to use the trademark on the registered goods/services.
Right to prevent unauthorized use, counterfeiting, or imitation.
Rights to license, assign, or transfer the trademark.
🔹 Enforcement
Enforcement is available through the Yemeni courts.
Remedies include injunctions, damages, seizure, and destruction of infringing goods.
Customs authorities may assist in preventing imports of counterfeit goods.
🔹 International Treaties
| Treaty | Status |
|---|---|
| Paris Convention | Member |
| Madrid Protocol | Not a member |
| TRIPS (WTO) | Member (via WTO) |
Summary Table
| Aspect | Details |
|---|---|
| Governing law | Yemeni Intellectual Property Law No. 26/2007 |
| Authority | Ministry of Industry and Trade |
| Duration | 10 years, renewable |
| Registration | Required |
| Use requirement | 3 years non-use = cancellation possible |
| Enforcement | Yemeni courts, customs |
| International treaties | Paris, TRIPS |
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