Yemen Trademark Registration

In Yemen, trademark rights are based on use, meaning that the person or company who first uses the trademark in the territory is the one who initially acquires the preferential rights over it.

However, even though registration is not legally mandatory, in practice it is strongly recommended because:

• It helps prove clear ownership of the mark.
• It helps prevent future conflicts over who owns the trademark.
• It makes it much easier and less costly to act in cases of trademark infringement or unauthorized use by third parties.

To obtain a registration, your application must be filed with the **Yemen Intellectual Property Office (YIPO).

You do not need to prove prior use in Yemen to file or register your trademark. Nonetheless, previous use can be very helpful to overcome objections for lack of distinctiveness, as it may show that your mark has acquired distinctiveness through use.

If you register a combined trademark (containing both word and figurative elements, such as a logo), your exclusive rights will cover only the exact form in which the mark is registered. If you also want to use and protect the word or logo separately, it is advisable to file additional trademarks for those elements individually.

For trademark search reports, the mark must be in Latin alphabet and the results will only cover trademarks in Latin script. If you need a search for an Arabic-script mark, including results for trademarks in Arabic, you must contact us directly, as this service involves additional fees.

To register a trademark in Yemen, you will generally need:

• Original Power of Attorney, signed, notarized, and legalized before the Consulate of Yemen.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average time to obtain a trademark registration in Yemen is around 24 months.

This is an estimated timeframe for straightforward cases, based on current processing times. The actual duration may be shorter or longer, depending on:

• The complexity of the application.
• Any objections raised by the trademarks office.
• Possible oppositions filed by third parties.

Once your trademark is registered in Yemen:

• It is valid for 10 years from the application date.
• It can be renewed indefinitely, for further periods of 10 years each.

You can request renewal:

• From six (6) months before the expiration date, and
• Up to the last day of the month in which the registration expires.

If you miss that window, there is still a grace period of twelve (12) months after expiry during which you can renew the trademark, subject to the payment of late renewal fees.

Although use is not required for registration, once the trademark is registered it must not go unused for five consecutive years. If it does, it becomes vulnerable to cancellation actions based on non-use. The level of use required can be minimal, but there must be genuine use in the market to defend the registration if challenged.

Yes.

If a third party files a trademark that is identical or confusingly similar to your mark for similar goods or services, you may oppose their application.

In Yemen, opposition actions can be filed by third parties:

• Within ninety (90) days from the date the application is published in the trademark gazette.

The chances of success of an opposition will depend on the specifics of each case, including:

• The degree of similarity between the marks.
• The similarity of the goods or services.
• Any evidence of prior use or reputation of your trademark.

• To obtain registration: it is not necessary that the trademark be in use in Yemen.
• After registration: if the trademark is not used for a period of five (5) consecutive years, it may become vulnerable to cancellation actions for non-use brought by third parties.

The text specifies that use can be minimal. What matters is that some genuine commercial use exists so that the registration can be defended if a non-use cancellation action is filed.