Trademark registration in Yemen: navigating the ongoing uncertainty
Recommendations on strategies for filing and renewal of trademarks 23 May 2024
The ongoing situation in Yemen generated two different governing bodies: the northern region and the southern region.
The Yemeni-Sana'a Trademarks Office covers the northern part of Yemen, represented by the following cities: Sana'a, Al Hudaydah, Ibb, Dhamar, Hajjah, Al-Mahwit, half of Mareb city, half of Taiz city, and Saada.
The Ministry of Industry and Trade in the interim capital, Aden, has established a new independent Trademark Office, which operates independently from the Trademark Office in Sana'a. The Yemeni-Aden Trademarks Office covers the southern part of Yemen, represented by the following cities: Aden, Lahj, Abyan, Shabwah, Hadhramaut, Mahrah, half of Mareb city, and half of Taiz city.
Both regions operate their trademark offices independently, each refusing to recognize the legitimacy of registrations processed by the other after February 2018. It would therefore seem that a sort of dualistic system has been born.
The lack of a unified trademark registration system forces businesses to navigate a landscape where a trademark registered in one part of the country may not be recognized in the other. This situation risks legal disputes and potential losses of exclusive right from trademark infringements.
New filings
Given the uncertain legal environment, we advise businesses to file new trademark applications in both Sana'a and Aden to ensure comprehensive protection across Yemen. This dual approach minimizes the risk of non-recognition and infringement.
Renewals
For existing trademarks, we recommend evaluating renewals on a case-by-case basis. We deem that it might be important to consider the primary markets of the business with specific reference to their goods or services distributed within Yemen territories and renew in the more appropriate corresponding jurisdiction. That said, we also believe that business should maintain a cautious and prudent approach and be prepared to extend the renewal to any uncovered jurisdiction as developments unfold.
In light of the ongoing civil conflict and the resultant bifurcation of trademark authority in Yemen, businesses must employ a cautious and strategic approach both at the trademark filing stage and at renewal.
By filing new applications in both jurisdictions and carefully considering where to renew existing registrations, companies can better navigate the complexities of Yemen's trademark landscape and safeguard correctly their intellectual property in the face of continuing uncertainty.
