In a significant trademark policy update, Ministerial Decision No. 52/2024 removed all limits on the number of goods or services per trademark application in Yemen, aligning with the 12th Edition of the Nice Classification.

Before this, in September 2023, the Trademark Office under the Ministry of Industry and Trade imposed an unwritten rule limiting applications to a maximum of four goods or services. This restriction was eased in October 2024 to allow up to 10 goods or services per application and ultimately led to the current unlimited application system.

However, a surcharge now applies for listings beyond 10 items. A 5-percent surcharge on the standard publication fee, amounting to US$12 per additional item, is charged for each item exceeding the initial 10.

“The removal of goods or services limitations for trademark holders in Yemen-Sana’a has several key implications,” said Jehad Ali Hasan, CEO of JAH Intellectual Property in Doha. “Firstly, broader protection is now available. Trademark holders can secure protection for a wider range of goods and services under a single trademark registration, streamlining their intellectual property portfolio management. This allows for more comprehensive protection of their brands across their entire product or service offerings.”

He added: “Secondly, increased costs may arise. While broader protection is available, the implementation of a surcharge for goods or services listed beyond the initial ten items may lead to increased costs for trademark applications, particularly for businesses with extensive product lines or service offerings. This can significantly impact the overall budget for trademark protection. Thirdly, enhanced enforcement may become possible. With a single registration covering a broader scope, enforcing trademark rights may become more efficient and cost-effective.”

His colleague, Mohcine Fattah, an IP senior director at the same company, said businesses operating in Yemen should adapt their trademark strategies to navigate the evolving legal landscape. 

“Conducting thorough trademark searches is paramount before filing any of their trademark applications. Given the potential for broader protection and increased costs, comprehensive searches are essential to identify potential conflicts and ensure chosen marks are distinctive and available for registration. This proactive approach helps avoid costly rejections and potential legal disputes,” Fattah said. “To manage costs effectively, businesses should strategically group related goods or services together in their applications. This minimizes the number of items subject to the surcharge, optimizing costs while still obtaining broad protection for their brands.”

As for potential challenges that might arise from this, he said: “The removal of goods or services limitations by the trademarks office is not viewed as a challenge but rather as a positive development. This reform enables trademark applicants to include an unlimited number of goods or services within a single application. However, a potential challenge arises from the surcharge imposed on the additional publication fees of goods or services, which may increase the overall cost of trademark protection for foreign businesses with diverse product lines or service offerings. This cost increase could significantly impact the budget allocated for intellectual property protection within the Yemeni market.”

- Excel V. Dyquiangco