Requirements

Yemen Trademarks Process

Trademark Registration: 

  • The registration process takes 6-8 months to be completed.
  • A separate application should be filed for each class.
  • The application will be examined by the TMO within a period of 1 month. After the end of the examination period, the TMO will issue a decision to either:
    • Accept the application, the publication and registration fees should be settled within 60 days from the official notification date to publish the mark in the official gazette, otherwise your application will be considered withdrawn.
    • Conditionally accept the application, you may comply with the said conditions or appeal the decision within a period of 30 days from the official notification date, otherwise the application would be considered withdrawn.
    • Reject the application, you may appeal the decision within a period of 30 days from the official notification date, otherwise the application would be considered withdrawn.
  • Any interested third party can oppose the publication of the trademark application within 90 days from the date of publication in the official gazette. The applicant has 30 days from date of official notification to file a reply to the opposition, otherwise the application will be considered withdrawn.
  • The certificate of registration will be issued within 1 month from the date of end of publication period.
  • The trademark certificate will be published in the official gazette for informative purposes only; No one can oppose the said publication.
  • The trademark's registration is valid for 10 Gregorian years, starting from the filing date, and renewable for similar consecutive periods.

Trademark Renewal: 

  • The renewal process takes up to 2 months to be completed.
  • A separate application should be filed for each class.
  • The renewal application should be filed within the last year of the valid protection period.
  • A 1 year grace period is granted for filing late renewal without late penalty fees.
  • After recording the renewal in the TMO database within 1 month from filing the renewal application, you may proceed with settling the publication fees to publish the renewal in the official gazette. (renewal publication fee can be submitted after filing the renewal application immediately)
  • The renewal certificate will be issued within 1-2 weeks from the date of settlement of publication fees.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.
  • The trademark renewal is valid for another 10 Gregorian consecutive years starting from the expiry of the previous protection period.

Trademark Change of Name and/or Address: 

  • The recordal of change process takes 1 month to be completed.
  • A separate application should be filed for each class.
  • After recording the change within the TMO database, you may proceed with settling the publication fees within 1-2 weeks.
  • The certificate of change will be issued within a month.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.

Trademark Assignment: 

  • The recordal of the assignment takes 1-2 month to be completed.
  • A separate application should be filed for each class. 
  • After recording the assignment within the TMO database, you may proceed with settling the publication fees within 1-2 weeks.
  • The certificate of assignment will be issued within a month.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.

Algeria Design FAQ

Is the country part of Locarno agreement?  No
Is the country part of Hague agreement?  Yes
Is it better to register a 3D Design or an industrial design?  There is a possibility of filing a 3D mark, this is up to the client however. 
Is any translation required?  Yes to french
For how long is an Industrial Design protected?  10 gregorian years
Are there any annuity fees to pay?  Yes upon filing

Algeria Patents FAQ

Q: Which law does the country implement relating to patents?

A: Royal Decree No. 03-07 of 2003

Q: Is the country a member of Paris Convention? 

A: Yes

Q: Is the country a member of the Patent Cooperation Treaty (PCT)? 

A: Yes

Q: Is the country a member of the GCC Patent Cooperation Treaty? 

A: No

Q: What are the conditions to register a patent?

A: Patents should be:

  • New;
  • Involve an inventive step;
  • Industrially applicable;
  • Does not violate the public order, ethics, or national security.

Q: What cannot be registered as patents?

A: The below cannot be registered as patents:

  • Scientific theories, mathematical methods, computer programs, exercise of pure intellectual activities, or practice of a specific game;
  • Plants and animals researches and essentially biological processes for the production of plants or animals other than microbiological processes and its productions.
  • Diagnostic, therapeutic and surgical methods for the treatment of humans or animals and its productions.

Q: if a worker invented a patent, can he register the patent in his name?

A: Patent ownership shall be entitled to the employer if the invention is a product of an implementation of a contract or a commitment through devoting the whole effort to creativity, or if the employer proves that the worker has only achieved that invention through the utilization of facilities, aids or data provided to him/her by work. However, this shall not prejudice the worker's entitlement to a fair reward. The application may be submitted by the inventing worker during his/her service or within two years of quitting service.

Q: Can the applicant amend an application under process?

A: Yes as long as the applicant provides the supporting required documents.

Q: Can the applicant withdraw the application at any time?

A: Yes, The applicant may withdraw his/her application at any time before the issuance of the final decision. However, application withdrawal shall not entail the withdrawal of documents or the refunding of any fees or costs.

Q: Can a patent search be conducted?

A: yes

Q: Can priority be claimed according to Paris Convention?  

A: Yes, within 12 months from the first filing date.

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: Is the usage of the registered patent compulsory?

A: Yes, the patent must be used in Algeria within three years from the date of grant or four years from filing date, otherwise the patent will be subject to compulsory licensing.

Algeria Trademarks FAQ

Q: Which law does the country implement relating to trademarks?

A: Ordinance No. 03-06 of 19 Joumada El Oula 1424 corresponding to July 19, 2003 on Trademarks and its implementing regulations

Q: Is the country part of Paris Convention?    

A: Yes

Q: Is the country part of the Madrid Protocol?   

A: Yes

Q: Is the country part of the Madrid Agreement?   

A: Yes

Q: Is the country part of the TRIPS Agreement?   

A: No

Q: Is Apostil Acceptable?

A: No

Q: Which classification of goods/services does the country adopt?    

A: 11th Edition of Nice classification

Q: Are there any restrictions or limitations on the list of goods?

A: No

Q: Can I register a trademark on class header?

A: Yes

Q: Are there any restrictions on the use of the ® and TM symbols?  

A: ® and TM symbols may not be a part of the trademark while filing it, but can be used along with a registered trademark

Q: Can priority be claimed?  

A: Yes

Q: Can colors be claimed?

A: Yes (Obligation when mark is filed in colors)

Q: Can you file a disclaimer in the filing application?

A: No

Q: Can you conduct a search by applicant name?

A: Yes

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: If we register in one GCC country does it mean we are protected in the country?   

A: Not applicable - Algeria is not part of the GCC countries. It is a North African country that is not party to OAPI or ARIPO.

Q: Is there a requirement of use of mark to maintain the trademark registration throughout the entire valid protection period or to renew the mark?

A: Yes, but the TMO does not request any proof of use. However any interested third party can file a cancellation action against your trademark registration if the mark was not used for 3 consecutive years.

Q: If the applicant failed to renew the mark, can any third party re-register the same mark?

A: A mark, which is not renewed, cannot be re-registered in favor of third parties in respect of identical or similar goods or services before the lapse of one year from the date of non-renewal.

Q: Can the applicant withdraw the trademark application at any time?

A: Yes

Q: Can you assign or amend details of a trademark that is under process?  

A: Assignment is possible, however amendment is allowed only in case of withdrawal of goods or classes, no amendment allowed to applicant name or address or mark itself.

Q: Do you have to include a consideration on the assignment document?

A: No

Q: Are there any specific custom procedures in the country?   

A: Yes

Bahrain Design FAQ

Is the country part of Locarno agreement?   No
Is the country part of Hague agreement?   No
Is it better to register a 3D Design or an industrial design?   There is no possibility of filing a 3D mark
Is any translation required?   Yes to Arabic
For how long is an Industrial Design protected?   10 Gregorian years, plus 5 renewable years (15 years)
Are there any annuity fees to pay?   Yes, annually.

Bahrain Patents FAQ

Q: Which law does the country implement relating to patents?

A: Patent and Utility Model Law No. 1 of 2004 and its implementing regulations

Q: Is the country a member of Paris Convention? 

A: Yes

Q: Is the country a member of the Patent Cooperation Treaty (PCT)? 

A: Yes

Q: Is the country a member of the GCC Patent Cooperation Treaty? 

A: Yes

Q: What are the conditions to register a patent?

A: Patents should be:

  • New;
  • Involve an inventive step;
  • Industrially applicable if it is possible to apply it in agriculture, fishing, services, handcrafts or any kind of industry in the broadest sense of the word;
  • Do not violate the provisions of Islamic Sharia' (Law), public order, ethics, or national security.

Q: What cannot be registered as patents?

A: The below cannot be registered as patents:

  1. Any invention which commercial use in the Kingdom of Bahrain aims to sabotage the public order and morals including the protection of human, animal, plantation life or health or to avert serious damages to the environment.
  2. Inventions, scientific theories and mathematical methods.
  3. Plants, animals – excluding microorganisms- and methods with biological bases for the production of plantations and animals.
  4. Methods of diagnostic, surgical or therapeutic treatments of the human or animal body, with the exclusion of products used in any of those methods.
  5. Inventions related to general security and defense affairs.

Q: If a worker invented a patent, can he register the patent in his name?

A: Patent ownership shall be assigned to the employer provided the invention was the result of a contract or a commitment for exertion of inventive faculty, and that the name of the inventor shall be mentioned in the patent.

Should a worker –not entrusted with an invention activity by virtue of the employment contract- create an invention relevant to the activity of the employer using expertise, documents, tools, or raw materials put under the disposal of the same worker, belonging to the employer, he shall, immediate to his decision to file for patent for the invention in question, notify the employer of that effect in writing accompanied with a non- enveloped acknowledgment of receipt. The employer may choose within a period of three months of receiving the notification either to exploit the invention or to purchase the acquired rights thereof, either of which action shall be in return of a fair remuneration. The employer right of choice shall expire upon conclusion of the period referred to shall the same express no intention to the worker of that effect in writing accompanied with a non-enveloped acknowledgment of receipt.

If an application for a patent is filed by an inventor within one year of leaving his job at a public or private firm, the application shall be construed as if the same were in service, in which case the inventor and the employer shall be entitled to the all the rights prescribed above are applicable.

Q: Can the applicant amend an application under process?

A: The patent applicant may, at any time prior to disclosing the approval of the application, modify the specifications or drawings as the applicant sees fit provided that any modification shall not affect the very nature of the invention.

Q: Can the applicant withdraw the application at any time?

A: No, the applicant can withdraw the application prior to issuance of an acceptance decision of patent application. However, failing to conform to the deadlines put by the TMO to settle any fees or submit documents afterwards will deem the application withdrawn.

Q: Can a patent search be conducted?

A: Yes

Q: Can priority be claimed according to Paris Convention?  

A: Yes, within 12 months from the first filing date.

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: Is the usage of the registered patent compulsory?

A: Yes, the patent must be used in Bahrain within three years from the date of grant, otherwise the patent will be subject to compulsory licensing.

Bahrain Trademarks FAQ

Q: Which law does the country implement relating to trademarks?

A: GCC Trademarks Law

Q: Is the country part of Paris Convention?    

A: Yes

Q: Is the country part of the Madrid Protocol?   

A: Yes

Q: Is the country part of the Madrid Agreement?   

A: No   

Q: Is the country part of the TRIPS Agreement?   

A: Yes

Q: Is Apostil Acceptable?

A: Yes

Q: Which classification of goods/services does the country adopt?    

A: 11th Edition of Nice Classification

Q: Are there any restrictions or limitations on the list of goods?

A: No

Q: Can I register a trademark on class header?

A: Yes

Q: Are there any restrictions on the use of the ® and TM symbols?  

A: ® and TM symbols may not be a part of the trademark while filing it, but can be used along with a registered trademark

Q: Can priority be claimed?  

A: Yes

Q: Can colors be claimed?

A: Yes

Q: Can you file a disclaimer in the filing application?

A: Yes

Q: Can you conduct a search by applicant name?

A: Yes

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: If we register in one GCC country does it mean we are protected in the country?   

A: No, there is no cooperation treaty for trademarks in the GCC.

Q: Is there a requirement of use of mark to maintain the trademark registration throughout the entire valid protection period or to renew the mark?

A: Yes, but the TMO does not request any proof of use. However any interested third party can file a cancellation action against your trademark registration if the mark was not used for 3 consecutive years.

Q: If the applicant failed to renew the mark, can any third party re-register the same mark?

A: A mark, which is not renewed, cannot be re-registered in favor of third parties in respect of identical or similar goods or services before the lapse of three years from the date of non-renewal.

Q: Can the applicant withdraw the trademark application at any time?

A: Yes

Q: Can you assign or amend details of a trademark that is under process?  

A: No, any assignment or amendment should be done after the registration of the trademark is completed.

Q: Do you have to include a consideration on the assignment document?

A: Yes

Q: Are there any specific custom procedures in the country?   

A: Yes

Egypt Design FAQ

Is the country part of Locarno agreement?   Yes
Is the country part of Hague agreement?   Yes
Is it better to register a 3D Design or an industrial design?   There is no possibility of filing a 3D mark
Is any translation required?   Yes to Arabic
For how long is an Industrial Design protected?   15 gregorian years
Are there any annuity fees to pay?   Yes upon filing

Egypt Patents FAQ

Q: Which law does the country implement relating to patents?

A: Law No. 82 of 2002 on the Protection of Intellectual Property Rights and its implementing regulations

Q: Is the country a member of Paris Convention? 

A: Yes

Q: Is the country a member of the Patent Cooperation Treaty (PCT)? 

A: Yes

Q: Is the country a member of the GCC Patent Cooperation Treaty? 

A: No

Q: What are the conditions to register a patent?

A: Patents should be:

  • New;
  • Involve an inventive step;
  • Industrially applicable if it is possible to apply it in agriculture, fishing, services, handcrafts or any kind of industry in the broadest sense of the word;
  • Do not violate the provisions of Islamic Sharia' (Law), public order, ethics, national security, causing serious damage to the environment, or damage human, animal, plantation life or health.

Q: What cannot be registered as patents?

A: The below cannot be registered as patents:

  1. Inventions whose exploitation is likely to be contrary to public order or morality, or prejudicial to the environment, human, animal or plant life and health.
  2. Discoveries, scientific theories, mathematical methods, programs and schemes.
  3. Diagnostic, therapeutic and surgical methods for humans and animals.
  4. Plants and animals, regardless of their rarity or peculiarity, and essentially biological processes for the production of plants or animals, other than microorganisms, non-biological and microbiological processes for the production of plants or animals.
  5. Organs, tissues, live cells, natural biological substances, nuclear acid and genome.

Q: If a worker invented a patent, can he register the patent in his name?

A: the employer shall have all the rights derived from the inventions discovered by the worker or the employee during the period of work relationship or employment, insofar as the invention falls within the scope of the work contract, relationship or employment.

The name of the inventor shall be mentioned in the patent, and he shall be remunerated in all cases. If such remuneration was not agreed on, he shall be entitled to a fair compensation from the person who requested the invention, or from the employer.

In cases other than the preceding, where the invention is part of the activities of the public or private establishment to which the inventor is attached, the employer shall have the choice either to exploit the invention, or to acquire the patent against a fair compensation paid to the inventor, provided the choice is made within three months from the date of notifying the grant of the patent.

The application for patent filed by an inventor within one year from the termination of his employment in a private or public establishment shall be considered as filed during the work or employment contract. Both the inventor and the employer shall be entitled to all the rights stipulated in the preceding article, as appropriate.

Such a period shall extend to three years if the said worker establishes or joins a competing establishment and the invention is the direct result of that worker’s activity and previous experience in the establishment in which he was working.

Q: Can the applicant amend an application under process?

A: The applicant may, at any time, before the publication of application acceptance, present a request to amend the description or the drawing of the invention, with an indication as to the nature of and reasons for such an amendment, provided that such amendment shall not affect the substance of the invention.

Q: Can the applicant withdraw the application at any time?

A: The applicant can withdraw the application prior to issuance of an acceptance decision of patent application. However, failing to conform to the deadlines put by the TMO to settle any fees or submit documents afterwards will deem the application withdrawn.

Q: Can a patent search be conducted?

A: Yes

Q: Can priority be claimed according to Paris Convention?  

A: Yes, within 12 months from the first filing date.

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: Is the usage of the registered patent compulsory?

A: Yes, the patent must be used in Egypt within three years from the date of grant or 4 years from filing date, otherwise the patent will be subject to compulsory licensing.

Egypt Trademarks FAQ

Q: Which law does the country implement relating to trademarks?

A: Law No. 82 of 2002 on the Protection of Intellectual Property Rights

Q: Is the country part of Paris Convention?    

A: Yes

Q: Is the country part of the Madrid Protocol?   

A: Yes

Q: Is the country part of the Madrid Agreement?   

A: Yes   

Q: Is the country part of the TRIPS Agreement?   

A: Yes

Q: Is Apostil Acceptable?

A: No

Q: Which classification of goods/services does the country adopt?    

A: 11th Edition of Nice Classification

Q: Are there any restrictions or limitations on the list of goods?

A: No

Q: Can I register a trademark on class header?

A: Yes

Q: Are there any restrictions on the use of the ® and TM symbols?  

A: ® and TM symbols may not be a part of the trademark while filing it, but can be used along with a registered trademark

Q: Can priority be claimed?  

A: Yes

Q: Can colors be claimed?

A: Yes

Q: Can you file a disclaimer in the filing application?

A: No

Q: Can you conduct a search by applicant name?

A: No

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: Is there a requirement of use of mark to maintain the trademark registration throughout the entire valid protection period or to renew the mark?

A: Yes, but the TMO does not request any proof of use. However any interested third party can file a cancellation action against your trademark registration if the mark was not used for 5 consecutive years.

Q: If the applicant failed to renew the mark, can any third party re-register the same mark?

A: A mark, which is not renewed, cannot be re-registered in favor of third parties in respect of identical or similar goods or services before the lapse of 3 years from the date of non-renewal.

Q: Can the applicant withdraw the trademark application at any time?

A: Yes

Q: Can you assign or amend details of a trademark that is under process?  

A: No, any assignment or amendment should be done after the registration of the trademark is completed.

Q: Do you have to include a consideration on the assignment document?  

A: No

Q: Are there any specific custom procedures in the country?   

A: Yes

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