A trademark application is evaluated for registrability when it is submitted to the Trademark Office. Applications for trademarks that have been approved must be published in the Official Trade Gazette (Al-Tijarah). Each interested party has 90 days beginning on the publication date to file an objection to the registration of a trademark. During the prescribed time, the notice of objection must be delivered to the Registrar. If the matter was not resolved prior to the Registrar or if a party challenges the Registrar's decision, the opposition case is submitted to the court. Nonetheless, the mark is proceeded to registration and the registration certificate will be issued if there is no objection or if the opposition is dismissed.

A trademark registration is valid for 10 years as of the application filing date, extendable for further periods of 10 years each. The last year of the existing validity period must be used to submit the renewal application. The late renewal of a trademark is permitted under trademark law for a 12-month term without the payment of a late fee.

After a trademark is registered, the assignment may be documented. In reality, an assignment is not binding on third parties until it has been recorded against the trademark in the register and published in the Official Gazette. It is possible to document changes to a registrant's name or location as well as the reduction of the list of commodities that fall within the purview of a registration.

In the Republic of Yemen, using trademarks is not necessary for submitting applications or keeping active registrations. A trademark is, however, subject to cancellation at the request of any interested person who can prove that it was not used in good faith on the products for which it was registered or that it had not been used in good faith for the five years prior to the application for cancellation. It is important to know that trademark rights are obtained in Yemen by registration and that, if the registered owner has used the mark consistently for five years in Yemen, the mark is indestructible.

Infractions punishable by law in Yemen include unauthorised use of a trademark registered under the law, an imitation of such trademark applied to goods in the same class, sale, storage for the purpose of sale, exhibiting for sale of goods bearing a counterfeit mark, or using a mark legitimately registered under the law by another person to promote goods in the same class without authorization.

The person or business that first uses a trademark in Yemen is given ownership of the mark. While registration is not required, it is strongly advised in practise to show that a mark is clearly owned, to avoid any potential ownership disputes in the future, and to protect against trademark infringement claims.

Applications for trademarks must be submitted to the Yemen Intellectual Property Office (YIPO).

A trademark does not have to be in use in Yemen to be registered there. Nonetheless, earlier usage could be helpful since it might show that the trademark has developed distinction, which can assist counter an argument that it lacks distinctiveness.

If you register a combination trademark in Yemen (one that combines both word and figurative features), you are only granted the exclusive right to use the mark in the same manner in which you submitted and registered it. It is advised that you file for a different trademark that only includes the word or figurative features you intend to use and protect separately. This is true if you wish to use the word element of your trademark separately from the logo (or vice versa).

Nevertheless, you will have the right to oppose the application on the grounds of confusing resemblance if a third party subsequently wants to register or use a trademark for comparable products or services that contains a major or separate component or portion of your trademark.

During ninety (90) days of a trademark application's publication in the trademark gazette, other parties may launch opposition proceedings against it. Depending on the specifics of each situation, many conditions will affect the odds of an opposition's victory.

While a trademark need not be utilised in order to register, it cannot stay inactive for more than five years at a time since this leaves it open to revocation claims based on inactivity. The usage may be minimised to prevent this risk.

In Yemen, registered trademarks are valid for ten (10) years from the application date and may be renewed indefinitely for further ten-year periods. Between six (6) months of the expiry date and up to the final day of the month in which it does, the renewal may be sought. Following then, the trademark may still be renewed for a grace period of twelve (12) months by paying a late renewal charge.

The trademark must be written in the Latin alphabet, and only other Latin-written trademarks will be taken into consideration for trademark search reports. Please get in touch with us if you want a trademark search that contains results for trademarks in the local alphabet (Arabic) and is written in the local writing system (Arabic). Extra charges will be made.

Contact us personally to find out whether we may be able to provide this service in Yemen if you would want the figurative or design components of your trademark to be taken into account while evaluating your trademark for registration (Trademark Search Report). Prices for services and anticipated delivery times may change in such circumstances.