Law

A new Law No. 23 of 2010 related to Trademarks and Geographical Indications has been issued in Yemen along with its Implementing Regulations.

Classification

The 8th Edition of the Nice Classification has been adopted without the local sub-classification, noting that Class 33 and alcoholic beverages in Class 32 cannot be registered in Yemen

Duration

The validity of a trademark registration is for 10 years as of the date of filing the application renewable for similar periods of 10 years each. The renewal application should be submitted within the last year of the current validity term. The trademark law provides for a one year period for late renewal of a trademark, but such renewal application is subjected to the payment of a lateness fine.

Use

Use is not compulsory for filing an application or for maintaining the registration. However, a registration is vulnerable to cancellation at the instance of any interested party who can establish that the mark was not in use for five years preceding the application for cancellation.

Assignment

Assignment of a trademark shall be with the goodwill of the business.

Infringement

Infringement of a registered trademark is an offense (and an actionable wrong.