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Trademarks registration in Jordan

Ihqaq Law Frim > Trademarks registration in Jordan

  

The Trademark is any visible sign used or to be used by any person to distinguish his goods, products or services from the goods, products or services of others.

 

A trademark shall be registered if it is distinctive, as to words, letters, numbers, figures, colors, or other signs or any combination thereof and visually perceptible which means that the trademark shall applied in a manner which secures distinguishing the goods of the proprietor of the trademark from those of other persons.

 

A person desiring to have the exclusive use of a trademark for distinguishing goods of his own production, manufacture, selection, or in respect of which he issued a certificate, or goods in which he trades or intends to trade, may apply for the registration of such trademark in accordance with the provisions of Jordanian trademarks  law.

 

Once the application is filed, it is examined to its conformity with the applicable laws and it is availability against prior applications or registrations which.When accepting an application for the registration of a trademark, whether such acceptance be absolute or subject to conditions or limitations, the registrar shall, as soon as possible after such acceptance, cause the application in the manner in which it has been accepted to be published in the official gazette for publication.

 

Any person may within three months as from the date of the publication of an application for the registration of a trademark, or within such other time as may be prescribed, file with the registrar a notice of opposition to the registration of such trademark.

 

If the application for the registration of a trademark was accepted and has not been opposed, and the prescribed time for opposition expires, or having been opposed and the opposition has been decided in favor of the applicant, the registrar shall register the said trademark, on receiving payment of the prescribed fee .The trademark shall then be registered as from the date of the application for registration. On the registration of a trademark the registrar shall issue to the applicant a certificate of the registration of such trademark.

 

The ownership right of a trademark shall be for 10 years as of its registration date and may be renewed for 10-year periods upon a request from its registrant.

 

If  the trademark owner fail to renew the trademark registration, then it shall be regarded as canceled under the law after the elapse of one year of its renewal due date. A third party may apply for its registration in his name after the elapse of another year.

 

The Trademarks law allowed whoever is interested to apply to the registrar for the cancellation of any trademark registered in the name of a third party if its registrant has not actually used it continuously for a period of three years preceding the application.

 

Multi class applications are not available under the Jordanian Trademark Law. Therefore, an application for each class must be filed separately.

 

According to Jordanian trademarks law, it shall be allowed to assign or to pledge the trademark without the ownership transfer of the business concern using the mark in distinguishing its products or to assign or pledge the business concern itself. The trademark may also be subject to a security interest independently from the business concern. The trademark owner may license one or more persons, under a notarized contract to be filed with the Registrar, to use the mark for all or some of the goods. Likewise, the trademark owner shall have the right to use it unless otherwise is agreed upon.

 

If a trademark is well-known and if it is not registered, then its owner may demand the competent court to prevent third parties from using it on identical or unidentical goods or services Accordance with the conditions set by the Trademarks Law.

 

Jordanian Trademark Law provides protection for trademarks registered abroad If Jordan is bound by a bilateral agreement or is a member to an international convention which grants a reciprocal protection to the trademarks registered with any of them. In this case, any national of the state member to the agreement or convention may file an application to the registrar to protect his trademark. Also, he shall have the priority right to those who filed prior applications in the Kingdom for that trademark provided that he files his trademark application in the Kingdom within six months of the following day to his application in his home country.

 

subject to the provisions of Madrid  Protocol, Where an application for the registration of a mark has been filed with the Office of a Contracting Party(the basic application ), or where a mark has been registered in the register of the Office of a Contracting Party(the basic registration), the person in whose name that application or that registration stands may secure protection for his mark in the territory of the Contracting Parties, by obtaining the registration of that mark in the register of the International Bureau of the World Intellectual Property Organization.

 

Jordan, as a Contracting Party of the Madrid Protocol, allowed the person in whose name the basic application or the basic registration to submit the trademarks Registrar, as the Office of origin, an application for the International Registration of a trademark or for the  extension of the protection of a trademark subject of international registration on the form that adopted by  the International Bureau of the World Intellectual Property Organization, provided the availability of any of the following:

  1. To have Jordanian citizenship.
  2. Have to be domiciled in Jordan.
  3. has a real and effective industrial or commercial establishment in Jordan.

 

Registration of international trademarks in Jordan :If the International Bureau of the World Intellectual Property Organization requests the competent authority in Jordan  to extend the protection of a trademark subject of international registration to the territory of the Kingdom — provided that such mark is not subject of national application or registration — the competent authority shall examine such application to ascertain the fulfillment of the required conditions in accordance with the provisions of trademark Law, and it shall notify the International Bureau of the approval or the rejection of extending the protection of the trademark subject of international registration to the territory of the Kingdom.