YEMEN - The organizations associated with the country are - World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC). The Conventions regulated for the country are - Berne Convention, Brussels Convention, Paris Convention, Patent Law Treaty, Rome Convention, Trademark Law Treaty, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, Budapest Treaty, Madrid Protocol, Nice Agreement.

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Organizations

World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC).

Conventions

Berne Convention, Brussels Convention, Paris Convention, Patent Law Treaty, Rome Convention, Trademark Law Treaty, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, Budapest Treaty, Madrid Protocol, Nice Agreement

Power of Attorney

Protection Term:

Trademark registrations are valid for 10 years from filing date and are renewable for like periods. There is a grace period of 1 year for late renewals without payment of a surcharge.

Classification:

The International Classification of Goods and Services (8th Edition) is followed. However, class 33 and alcoholic goods in class 32 cannot be registered in Yemen. A separate application is required for each class

Opposition:

Trademark applications accepted by the Registrar are published in the Official Gazette. Oppositions may be filed within 90 days from publication date.

Power of Attorney:

General Power of attorney is sufficient for continuous application.

Use Requirements:

Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 5 consecutive years preceding the date of filing for cancellation.

Assignment:

Trademarks may be assigned with or without the goodwill of the business concerned and may be recorded for registrations only.

License:

License recordation is compulsory to be effective against third parties and may be recorded for registrations only.

Merger:

May be recorded for registered marks.

Change of Name/Address:

May be recorded for registered marks.

Time Frame:

Conducting search is between 3 to 5 working days, Registration/Renewal process is within 09 to 18 months and Recordation process within 08 to 12 months.

Filing Requirements:

  • Power of Attorney duly legalized up to the Yemen consulate and further legalized locally at our end.
  • Certificate of incorporation or extract from the commercial register duly legalized as above.
  • A priority document if priority is to be claimed.

Renewal:

  • Power of Attorney duly legalized up to the Yemen consulate and further legalized locally at our end (in case we are not agent of record).

Assignment:

  • Power of Attorney signed by the assignee duly legalized up to the Yemen consulate and further legalized locally at our end.
  • Deed of assignment signed by both parties duly legalized as above.

License:

  • Power of Attorney signed by the licensee and licensor duly legalized up to the Yemen consulate and further legalized locally at our end.
  • License agreement signed by both parties duly legalized as above.

Merger:

  • Power of Attorney duly legalized up to the Yemen consulate and further legalized locally at our end.
  • Certificate of merger duly legalized as above.

Change of Name/Address:

  • Power of Attorney in the new name/address duly legalized up to the Yemen consulate and further legalized locally at the ministry of foreign affairs.
  • Certified Certificate of change of name/address duly legalized as above.

Protection Term:

The term of protection is 20 years for patents and 7 years for utility models from filing date.

Annuities:

A maintenance fee is due annually on the anniversary of the filing date. No surcharge for late payment of maintenance fees. The patent grace period will be implemented as soon as the new implementing regulation comes into force in Yemen.

Opposition:

Patent applications are published in the Official Gazette upon acceptance. Oppositions may be filed within 90 days from publication date.

Search:

It is possible for pending and granted patents to be searched by title, patentee name and priority date.

Examination:

As to form only.

Compulsory License:

A patent has to be worked. If the patent is not being fully exploited by the patentee within 3 years from the date of grant, then the patent will be subject to compulsory licensing under the provisions of the law.

Novelty Requirements:

Absolute novelty is required. However, disclosure of an invention in an official or officially recognized national/international exhibitions shall not be taken into consideration if it occurred within the 6-month grace period preceding the filing date of the patent application.

Filing Requirements:

  • Power of Attorney duly legalized up to the Yemen consulate and further legalized locally at our end.
  • Deed of Assignment duly legalized as above, if the applicant is not the inventor.
  • Certified copy of the Certificate of Incorporation or extract from the commercial register duly legalized as above.
  • A priority document if priority is to be claimed.
  • All the above may be submitted within 60 days from the filing date.

Assignment:

  • Power of Attorney signed by the assignee duly legalized up to the Yemen consulate and further legalized locally at our end.
  • Deed of assignment signed by both parties duly legalized as above.
  • Certified copy of the Certificate of Incorporation or extract from the commercial register of the assignor duly legalized as above.

License:

  • Power of Attorney signed by the licensee duly legalized up to the Yemen consulate and further legalized locally at our end.
  • License agreement signed by both parties duly legalized as above.
  • Certified copy of the Certificate of Incorporation or extract from the commercial register of the Licensee duly legalized as above.

Merger:

  • Power of Attorney duly legalized up to the Yemen consulate and further legalized locally at our end.
  • Merger Certificate duly legalized as above.
  • Certified copy of the Certificate of Incorporation or extract from the commercial register of the Licensee duly legalized as above (If new legal entity formed).

Change of Name/Address:

  • Power of Attorney in the new name/address duly legalized up to the Yemen consulate and further legalized locally at our end.
  • Certificate of change of name/address duly legalized as above.
  • Certified copy of the Certificate of Incorporation or extract from the commercial register duly legalized as above.

Protection Term:

10 years from filing date.

Examination:

As to form and content.

Applications with Multiple Figures:

Possible up to 3 figures.

Filing Requirements:

  • Power of Attorney duly legalized up to the Yemen consulate and further legalized locally at our end.
  • Deed of Assignment duly legalized as above, if the applicant is not the inventor.
  • Certified copy of the Certificate of Incorporation or extract from the commercial register duly legalized as above.
  • A priority document if priority is to be claimed.
  • All the above may be submitted within 30 days from the filing date.

Assignment:

  • Power of Attorney signed by the assignee duly legalized up to the Yemen consulate and further legalized locally at our end.
  • Deed of assignment signed by both parties duly legalized as above.
  • Certified copy of the Certificate of Incorporation or extract from the commercial register duly legalized as above.

License:

  • Power of Attorney signed by the licensee duly legalized up to the Yemen consulate and further legalized locally at our end.
  • License agreement signed by both parties duly legalized as above.
  • Certified copy of the Certificate of Incorporation or extract from the commercial register of the Licensee duly legalized as above.

Merger:

  • Power of Attorney duly legalized up to the Yemen consulate and further legalized locally at our end.
  • Merger Certificate duly legalized as above.
  • Certified copy of the Certificate of Incorporation or extract from the commercial register of the Licensee duly legalized as above (If new legal entity formed).

Change of Name/Address:

  • Power of Attorney in the new name/address duly legalized up to the Yemen consulate and further legalized locally at our end.
  • Certificate of change of name/address duly legalized as above.
  • Certified copy of the Certificate of Incorporation or extract from the commercial register duly legalized as above.