Yamanat – Special
The conflict rages in Sanaa over commercial trademarks and agencies, as merchants complain about the cancellation of trademarks registered in their names, and some of them are withdrawn and given to others.
This intense conflict has reached the corridors of the judiciary, as dozens of cases have been filed by merchants and companies against the Ministry of Industry and Trade in the Commercial Court of First Instance in the secretariat of the capital, Sana’a.
“Yamnat” obtained dozens of documents that include lawsuits submitted by merchants and companies to the Commercial Court of the Secretariat against the Ministry of Industry and Trade, which is accused of committing violations against merchants and companies in withdrawing agencies and trademarks.
This confirms what was stated in the report of Sheikh Sultan Al-Sami, a member of the Supreme Political Council, submitted to the House of Representatives, which includes violations committed by the Ministry of Industry and Trade, represented by Minister Muhammad Sharaf Al-Mutahhar, against merchants and companies, which led to the migration of some national capital abroad.
We at “Yamnat” chose a number of documents that we obtained for publication, as follows:
Cancel agency registration
Among the documents obtained by “Yamnat” was an order from the Commercial Court of First Instance for the secretariat in favor of the National Trading Company, addressed to the Minister of Industry and Trade on October 2, 2023. The judicial order ruled to cancel the registration of the agency of the Cheng Shin Rubber Industry Company with Taiwanese nationality in the name of the defendant, the Muhammad Foundation. Salem Bajaber Trading. The Ministry of Industry and Trade was required to implement the text of the order. The court noted that it had previously announced the Ministry of voluntary implementation on February 4, 2023, in addition to that the Prime Minister was contacted on March 28, 2023. The court affirmed: (You must implement what the aforementioned ruling ordered, and inform us of what has been done in this regard. In particular).
Trade name data
Another document issued by the Secretariat’s Commercial Court on October 3, 2023, addresses the Undersecretary of the Ministry of Industry and Industry, ordering him to provide it with an extract of the data on the trade name (Gold Coast Air) in Case No. Q. T. (2733) of 1444 AH, and the plaintiff is Abdel Fattah Ismail Ibrahim Dabash against the Ministry of Industry and Trade.
In another document, the same court addressed the editor-in-chief of Al-Thawra newspaper to announce the entry, Salah Saleh Thabet Ahmed, through the newspaper, to respond to the lawsuit filed by the plaintiff, Abdel Fattah Ismail Ibrahim Dabash, to attend the session of October 16, 2023 in Case Q. (2733) for the year 1444 AH, provided that the announcement is for 3 consecutive days during official working days and other than official holidays.
Objection to a trade name
“Yamnat” also obtained a document issued by the Commercial Court of the Secretariat on October 9, 2023, addressed to the Minister of Industry and Trade regarding the case Q. T (2847) of 1443 AH ordering him to send a copy of the objection file to the registration of the trade name (Mocha Time for Hot Drinks), registered No. 1677, dated June 8, 2021, in the category of services, No. (2/51483), dated March 9, 2021, to a session. October 30, 2023. The aforementioned case is the plaintiff, Abdullah Asaad Ali Al-Sharai, against Rashid Ahmed Ali Shaja’ and another.
Brand data extractor
– According to a document issued by the Commercial Court of the Secretariat on October 11, 2023 and addressed to the Undersecretary of the Ministry of Industry and Trade regarding the case Q. T. (540) of 1445 AH filed by Lutf Ali Abdullah Ahmed Al-Madri against Shaker Amin Ahmed Shamsan and the Ministry of Industry and Trade, ordering him to extract an extract of the trademark data (and Yamoa).
Intercept file
– In another document issued by the Commercial Court of the Secretariat on July 22, 2023 and addressed to the Minister of Industry and Trade, ordering him to bring the objection file for the trademark (CROWN) regarding Case Q. (2080) of 1444 AH, and the plaintiff is Ali Yahya Al-Dali against the Ministry of Industry and Trade and Muhammad Amin Saif Muhammad Al-Soruri.
Commercial agency case
As for the document issued by the Secretariat’s Commercial Court on July 30, 2023 and addressed to the Minister of Industry and Trade, ordering him to inform her about the commercial agency registered in the name of Khaled Saleh Muhammad Al-Hadhouri, number (2567) and dated February 13, 1996, under the trade name (Al-Hadhari for Import and Export), and whether it is still The power of attorney is valid and restricted to the name of the person being complained against or not. This case bears the number Q. T. (73) for the year 1445 AH, and the appellant is Al Rawda Agencies and Trading Stores, against Al Hadhari for Import and Export.
Summary ruling
– In the case T. T. (117) for the year 1445 AH, the Commercial Court of the Secretariat, in a document issued by it on September 11, 2023, orders the Minister of Industry and Trade to implement its urgent ruling issued on August 15, 2023, suspending the decision issued by the Ministry of Industry and Trade on July 23, 2023 and all Its subsequent legal effects and the non-registration of the agency of the United Foods Company, which has Saudi nationality, for any other agent in the Republic of Yemen until the substantive case pending before the court is decided. This case was requested to be implemented by Al-Hadhari for Import and Export, represented by Rakan Khaled Saleh Al-Hadhari.
Trademark registration
– In the case Q. M (997) of 1444 AH, the plaintiff in which is Ibrahim Haidar Muhammad Nasser Al-Shouba, against Walid Ahmed Muhammad Saif and the Ministry of Industry and Trade. The Commercial Court ordered the secretariat in a document issued on August 30, 2023, the Undersecretary of the Ministry of Industry and Trade, Abdel Fattah Al-Dhuwayd, to bring the original of the decision to decide on Objection No. 2239, dated August 13, 2022, and bringing the register of trademark applications for the year 2022 from No. 107771, registered in the name of Ibrahim Haider Muhammad Saif Al-Shouba, to No. 107918, registered in the name of Walid Ahmed Muhammad Saif.
Trademark registration file
– In the case Q. T. (1262) for the year 1444 AH, and the plaintiff is Muhammad Hassan Al-Kabous against the Ministry of Industry and Trade. The Commercial Court ordered the secretariat in a document issued on September 2, 2023, to the Ministry of Industry and Trade with a complete copy of the trademark registration file in question. She confirmed that she would be forced to refer the ministry’s specialists to the Public Prosecution for obstructing the course of justice. Which means that there is a lack of response from the Ministry in providing the court with what it requested.
Objected trademark
– The Commercial Court ordered the secretariat, in a document issued by it in Case (1026) of the year 1444 AH, the Undersecretary of the Ministry of Industry and Trade for Services Affairs, to send a copy of the file of objection priorities for the mark and a copy of the trademark being objected to to both parties of the case in which Abdul-Ghani Ali Al-Harwi stores were claimed against the Ministry of Industry and Trade and a company. Brinks Shandong.
The court also ordered the Ministry to bring a copy of the General Registrar’s Decision No. (152) of 2022 regarding deciding the objection to the registration application for trademark No. 100610 in Class 12.
Trademark registration form
– In the case Q. AD (2045) of the year 1444 AH, in which the plaintiff is Hayel Saeed Anam & Partners Company, against the Tunisian Company for Chocolate and Sweets, represented by the Unimark Intellectual Property Office. The Commercial Court ordered the Secretariat, in a document issued on July 22, 2023, to provide the Ministry of Industry and Trade with a copy of the defendant’s registration file for the mark. The commercial case under consideration by the court, No. 98510, dated October 13, 2020, with a copy of the registration application form.
Register a commercial agency
On August 5, 2023, the Commercial Court of the Secretariat issued its order to the Ministry of Industry and Trade in Case Q. M (1835) of 1443 AH, in which the plaintiff is Edmark Company, against Sayyaf Muhammad Abdullah Al-Nahari and the Ministry of Industry and Trade, by submitting a copy of the commercial agency register in the name of the defendant Sayyaf Muhammad Abdullah Al-Nahari.
Brand firsts
– In the case Q. Dec. (31) of 1445 AH, in which the plaintiff is Safin Alfan Inter National LLC, which is represented in Yemen by Saba & Partners TMB Yemen, against the Ministry of Industry and Trade and Muhammad Abdullah Ali Al-Mallahi. The Commercial Court of the Secretariat ordered the Undersecretary of the Ministry of Industry and Trade to provide the court with a copy of the documents. The trademark related to Public Register Resolution No. 171 of 2023 regarding deciding the objection to the trademark registration application No. 104988 in Class 32 in the name of the second defendant, Muhammad Abdullah Ali Al-Mallahi.