Yemen Patents FAQ

Is Yemen member of PCT? No

Can a patent search be conducted? Yes

What is the grace period for late renewal (annuities)? NA (until the new patent law regulations are issued)
Are there penalty charges for renewal within the grace period? No (until the new patent law regulations are issued). 
How long does the process take to get a patent certificate?   Around 3 to 4 years
Can priority be claimed?   Yes
Can you assign a patent that is under process? No, any assignment, amendment, should be done after the registration of the patent.  

Can the patent be amended? Yes, the patent applicant may introduce the amendments he deems fit to the application (this will be regulated by the new patent law regulations as soon as issued and implemented).

Is use compulsory? Yes

When are annuities paid? Annuities are paid on the anniversary of the filing date.  

Yemen Trademarks FAQ

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

A: Law No. 23 of 2010 pertaining to Trademarks and Geographical Indications

Q: Is the country part of Paris Convention?    

A: Yes

Q: Is the country part of the Madrid Protocol?   

A: No

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: No

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

A: 8th Edition of Nice Classification

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

A: Yes, the below goods and services cannot be registered:

  • Pork and related products
  • Alcoholic beverages and related products
  • Bar and night club services

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: 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 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 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