|
The 8th edition of the Nice Classification is
followed, but the Trademark Law does not allow
registration of alcoholic drinks.
However, each class is divided into subclasses
without any effect on the protection but just
for the calculation of additional Official fees
for each subclass. A separate application should be filed
for each class and can include any number of
subclasses. Applicant could be any natural person or a corporate. |
|
|
|
Upon filing, the application is
examined as to its form and registrability. The
Registrar has the right to impose limitations or modifications he may deem
necessary. An accepted application is published in the Trademark Gazette. Any interested
party may file an opposition to the
Registrar within 6 months as from the
publication date.
If the Registrar's decision is not satisfactory,
it could be appealed to the competent Court, whose decision is final. |
|
|
|
In case of rejection or conditional acceptance,
the applicant may appeal within 30 days from receiving the
notification. If the decision is not satisfactory,
it could be appealed within 60 days to the competent Court, whose decision is final. |
|
|
|
A
trademark protection is valid for 10 years as from the filing date, and renewable for similar
periods. The Trade mark Law provides 3 months grace period for late renewal
with payment of a fine. |
| |
|
A trademark could be assigned with or without the goodwill of the business;
Assignment should be recorded
in order to be effective against third parties and should be published in the
Official Gazette.
Changes in the name of the registrant and/or his
address, registered user agreements, license and
amendments which do not affect the identity of
the mark substantially, limitation of the list
of goods and/or services covered by a trademark
registration, must be recorded and published.
|
| |
|
The use of a trademark is not compulsory.
However, if the registrant fails to use his mark
for 5 consecutive years from the registration
date, any interested party may file a request to
the Court to cancel a trademark registration. |
| |
|
A
trademark registration could be cancelled in one
of the following cases:
a) Any party, who has been using the mark prior
to its registration, may request the Court,
within a period of 5 years from the filing date,
to remove the improperly registered mark;
b) The registrant could request the cancellation
of his mark;
A cancelled mark cannot be registered in favor of a third party for a period
of 3 years from the cancellation date. |
|
|
|
Illegal or un-authorized use of a registered
trademark or use of a fake or counterfeited
trademark in bad faith is considered as
infringement act, punishable according to
the Law, and the registrant could file
criminal and/or civil cases against
infringers. A criminal case could be filed
to the competent authority, for the
confiscation and destruction of the
infringed goods; while a civil case could be
filed to the Civil Court for establishment
of the infringement fact, suspension of the
infringement act, destruction of the
infringed goods, and compensation for
damages and losses. |
|
|
|
1- |
A
power of attorney
legalized to the Consulate of Yemen; |
|
2- |
A certified copy of the Certificate of
Incorporation, or an Extract from the
Commercial Register, legalized to the Consulate
of Yemen; |
|
3- |
Representation of the mark, preferably by email in jpg
format; |
|
4- |
Applicant's name, address,
and nationality; |
|
5- |
List/s of goods and/or services; |
|
6- |
A certified copy of home or foreign
application/registration, if priority is to
be claimed. |
|
|
Documents in 1, 2 and
6 could be filed belatedly within
30 days as from the
filing date |
| |
Documents other than in English or Arabic should be
accompanied with their English translation |
| |
 |
|
- |
- |
- |
- |
- |
| |
Search |
|
Official fees |
ST&P |
Total (US$) |
|
1- |
Search
for one mark in one class: |
10.-- |
170.--
|
180.-- |
| |
New
Trademark Application |
|
Official fees |
ST&P |
Total (US$) |
|
1- |
Filing
one trademark application in one subclass: |
20.-- |
330.-- |
350.-- |
|
2- |
Preparing
self-adhesive prints of the mark: |
0.-- |
20.-- |
20.-- |
|
3- |
Obtaining
certified translation of the mark: |
0.-- |
20.-- |
20.-- |
|
4- |
Publication
in the Trademark Gazette after acceptance: |
150.-- |
100.-- |
250.-- |
|
5- |
Registration
fees of one mark in one class: |
55.-- |
195.-- |
250.-- |
|
0 |
0 |
0 |
Total |
890.-- |
|
6- |
Each additional subclass included in the same
application: |
20.-- |
40.-- |
60.-- |
| |
Simultaneous Application |
|
Official fees |
ST&P |
Total (US$) |
|
1- |
Filing
one trademark application in one subclass: |
20.-- |
280.-- |
300.-- |
|
2- |
Preparing
self-adhesive prints of the mark: |
0.-- |
20.-- |
20.-- |
|
3- |
Obtaining
certified translation of the mark: |
0.-- |
20.-- |
20.-- |
|
4- |
Publication
in the Trademark Gazette after acceptance: |
150.-- |
100.-- |
250.-- |
|
5- |
Registration
fees of one mark in one class: |
55.-- |
195.-- |
250.-- |
|
0 |
0 |
0 |
Total |
840.-- |
|
6- |
Each additional subclass included in the same
application: |
20.-- |
40.-- |
60.-- |
| |
Trademark Renewal |
|
Official fees |
ST&P |
Total (US$) |
|
1- |
Filing
an application for renewal of a trademark
registration |
0 |
0 |
0 |
|
0 |
within the last year of the protection
period: |
70.-- |
380.-- |
450.-- |
|
2- |
Publication
in the Trademark Gazette after acceptance: |
70.-- |
100.-- |
170.-- |
|
0 |
0 |
0 |
Total |
620.-- |
|
3- |
Fine
for late renewal within the 1st month after
expiry date: |
20.-- |
20.-- |
40.-- |
|
4- |
Fine
for late renewal within the 2nd month after
expiry date: |
25.-- |
20.-- |
45.-- |
|
5- |
Fine
for late renewal within the 3rd month after
expiry date: |
30.-- |
20.-- |
50.-- |
| |
Other
Services |
|
Official fees |
ST&P |
Total (US$) |
|
1- |
Recording
Assignment or License or User Agreement or
Pledge or |
|
0 |
Security Interest of one mark in one class,
excluding publication: |
|
0 |
- within 6 months: |
50.-- |
350.-- |
400.-- |
|
0 |
- after 6 months: |
75.-- |
375.-- |
450.-- |
|
0 |
- each day delay after the 6 months: |
25.-- |
10.-- |
35.-- |
|
2- |
Recording
a change of owner's name, excluding
publication: |
20.-- |
230.-- |
250.-- |
|
3- |
Recording
a change of owner's address, excluding
publication: |
20.-- |
230.-- |
250.-- |
|
4- |
Cancellation
of a trademark registration, excluding
publication: |
90.-- |
310.-- |
400.-- |
|
5- |
Publication
in the Trademark Journal: |
70.-- |
100.-- |
170.-- |
| |
Infringement |
|
Official fees |
ST&P |
Total (US$) |
|
1- |
Drafting
and sending a Cease and Desist letter (one
target): |
0.-- |
800.-- |
800.-- |
|
0 |
- each additional target: |
0.-- |
250.-- |
250.-- |
|
2- |
Filing criminal case against infringers: |
1,000.-- |
2,000.-- |
3,000.-- |
|
3- |
Filing
a Civil case against infringers (minimum): |
2,250.-- |
7,750.-- |
10,000.-- |
| |
Disbursements |
|
Official fees |
ST&P |
Total (US$) |
|
1- |
Replying
to an Official action: |
0.-- |
200.-- |
200.-- |
|
2- |
Amendment
of an application: |
70.-- |
180.-- |
250.-- |
|
3- |
Appeal
against an Official rejection excluding
hearing sessions: |
35.-- |
965.-- |
1,000.-- |
|
4- |
Responding to an opposition excluding hearing
sessions: |
35.-- |
965.-- |
1,000.-- |
|
5- |
Filing
an opposition against a published trademark
excluding |
0 |
0 |
0 |
|
0 |
hearing sessions: |
35.-- |
1,165.-- |
1,200.-- |
|
6- |
Attending
additional hearing sessions (each session): |
0.-- |
250.-- |
250.-- |
|
7- |
Claiming
Convention priority: |
0.-- |
50.-- |
50.-- |
|
8- |
Late
filing of documents: |
0.-- |
50.-- |
50.-- |
|
9- |
Applying
for extension of time: |
0.-- |
50.-- |
50.-- |
|
10- |
Recording
change of agent's representation: |
20.-- |
50.-- |
70.-- |
|
11- |
Obtaining
a certified copy of a trademark application: |
35.-- |
165.-- |
200.-- |
|
12- |
Translation
of documents (per Arabic page): |
0.-- |
35.-- |
35.-- |
|
13- |
Local legalization of documents: |
25.-- |
25.-- |
50.-- |
| |
|
|
|
|
Trademarks
