The Sanaa and Aden Trademark Offices in Yemen now requires Ministry of Foreign Affairs (MoFA) attestation for all powers of attorney (POAs) before filing any trademark application or taking any post-registration actions. This is a mandatory step for any POA intended for use in trademark matters. Once a POA has been issued – and typically legalized by a Yemeni embassy abroad if the principal resides outside Yemen – it must be officially stamped and verified by the Yemeni Ministry of Foreign Affairs within Yemen. 

“The attestation serves to ensure that the POA is recognized as a valid and legally binding document within Yemen, specifically for the purpose of filing trademark applications and handling any subsequent post-registration actions,” said Jehad Ali Hasan, CEO at JAH Intellectual Property in Doha. “However, it must be noted that the POAs must be attested by the Yemeni MoFA within one year from their legalization by the Yemeni embassies. Failure to do so will result in the MoFA refusing to legalize the document at which point a new POA is required.”

He added: “Primarily, this process is fundamental to confirming that the individual or entity acting on behalf of the trademark applicant possesses the legitimate authority to do so. Furthermore, this new requirement in Aden harmonizes its practice with Sanaa, establishing consistency across these two trademark offices.”

From a practical standpoint, Hasan said, the imposition of an additional attestation requirement following initial embassy legalization introduces several drawbacks for entities seeking to operate or protect their intellectual property rights in Yemen. This multi-layered legalization process invariably leads to an increased administrative burden, necessitating a more extensive and potentially complex documentary chain. 

Hasan noted that such formalities often result in extended processing times, as each stage of attestation adds to the overall duration required to obtain legally recognized documents, which can significantly delay IP filings.

“These additional steps frequently entail heightened operational costs, encompassing not only direct fees for attestation but also indirect expenses such as courier services. Overall, while intended to bolster authenticity and prevent fraud, the practical effect of these cumulative bureaucratic demands can be a less efficient pathway,” he said. 

- Excel V. Dyquiangco