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Amendments to Trademark Laws

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Jun 28, 2018 (Newsletter Issue 12/18)
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Option of Filing at Two Registries for Trademark Protection

Yemen has been in a civil war since 2015 and is divided in two factions, one based in the capital Sana’a and one based in the port city Aden supporting the government.

On February 20, 2018, the Ministry of Industry and Trade in the interim capital of Aden issued an important declaration announcing the formation of a new trademark office which has started functioning independently from the current Office in Sana’a.

The Ministry informs that the office in Aden provides the following services:
- Receipt of applications for the deposit of trademarks and all applications related to the Law of Trademarks and Geographical Indications No. 23 from 2010.
- Facilitating procedures for all public and private commercial sectors.
- Renewal of commercial records of all legal types.
- Issuing ministerial decisions on the granting of incorporation licenses to companies.
- Registration and accreditation of commercial agencies for individuals or local and foreign companies.
- Granting certificates of registration of trade names.
- All services activities and commercial activity.

The Ministry calls on all commercial sectors to turn to the Ministry Diwan in the interim capital of Aden, with copies of all the documents in their possession about updating their database, which would preserve their rights according to the law.

To ensure protection across all of Yemen, rights holders should file a trademark application with the registry in Sana’a and also have the option to file a second application with the registry in Aden as of February 2018.

Existing marks that were filed or registered in Sana’a prior to February 20, 2018, will be extended from the Sana’a register to the registry in Aden once the prior evidence is received and issued with new trademark certificates reflecting the same registration numbers.

The Ministry has setup a phone number +967 224 1082 in case of enquiries. Also, the first Gazette of the Office has been issued and can be viewed here

It should be noted that third parties may make use of the opportunity to register other trademarks rights in bad faith.

Source: JAH & Co. IP, Qatar