Trademarks Filing and Prosecution Jordan

A trademark is a sign that is registered to distinguish a product or service in commerce. There are other types of signs used in trade that can also be registered with the Jordan IP Office, such as logos, designations of origin, geographical indications, collective marks and certification or guarantee marks.

In order to legally protect a trademark or other sign used in commerce, it is necessary to register it with the Jordan IP Office. In Jordan, trademark protection is granted according to the provisions of Law No. 33 of 1952 on Trademarks (as amended up to Law No. 15 of 2008), Jordan.

Trademark in Jordan may be designated by the following symbols:

• ® (for a registered trademark)
• ™ (for an unregistered trademark)

A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standards categories, such as those based on colour, smell, or sound.

A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services.

The owner of the registered trademark may initiate legal proceedings for trademark infringement to prevent unauthorized use of that trademark, and can license it to the third parties, sell it in return of sum, use it raise equity for business undertakings.

Trademark searches in Jordan

Under the “First to File” principle, if any other applicants file applications for the identical or similar trademark used for identical or similar goods and services after the first applicant has applied, those later applications will be refused.

Therefore, it is advisable to conduct a trademark search prior to filing a trademark application to ascertain the availability of trademarks, existence of prior identical/similar marks on the register etc., so as to avoid any objection and opposition with respect to the mark.

A trademark search in Jordan can be conducted for word mark, numbers, images, etc. It is advisable to conduct comprehensive trademark clearance search in Jordan to ascertain availability of the proposed mark and also to overcome any objection and opposition with respect to mark later on.

Along with trademark search, it is also advisable to do a comprehensive company search and domain search of the proposed trademark in Jordan.

Filing trademark applications in Jordan

A person may file single class trademark application in Jordan.

 Trademark application can be filed in the following categories:

• Ordinary Applications
• Convention application (claiming priority from a convention country)

Ordinary application in Jordan

Ordinary trademark applications filed in Jordan are applications without claiming any priority. However, the trademarks act also lays down provisions regarding the filing of priority applications, wherein priority of the mark can be claimed in the said mark filed in a convention country. 

Priority trademark applications in Jordan /Convention trademark applications Jordan:

A priority trademark application may be filed in Jordan. A priority trademark application should be filed in Jordan within 6 months after the date on which the application was made in the convention country.

Paris convention

The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, established a Union for the protection of industrial property. It offers national treatment to the applicant residing in the member country of the union, in other words. National treatment is a very important concept and is essential for successfully achieving the fundamental aim of the Paris Convention. The idea is to provide equal treatment to applications from member countries, in a given member country and not to differentiate between the nationals of member countries for the purpose of grant, and protection of industrial property. Priority application can be filed in Jordan within six months after the date on which the application was made in the Convention Countries.

Trademark classes for goods and services

Jordan follows the nice classification of classes. Intellectual property office of Jordan uses the nice classification of classes that groups together similar goods or services into 45 different classes. Classes 1 to 34 are assigned for the goods and classes 35 to 45 are assigned for the services. Each class contains well defined list of terms and cover all the goods and services. 

Trademark Examination in Jordan

Once the application for the registration is submitted it goes through the examination process which consists of examination on the basis of Absolute and relative grounds of refusal. 

Article 8- The following may not be registered:

1. Marks which resemble the emblem of His Majesty the King or royal crests or the word royal or any other words, characters or representations which may lead to the belief that the applicant enjoys royal patronage.
2. The emblem or decorations of the government of the Hashemite Kingdom of Jordan or foreign states or countries unless with the authorization of the competent authorities.
3.  Marks indicating any official designation unless otherwise the application of which is demanded by the competent authorities to whom such mark belongs or its under their supervision.
4. Mark which resemble the national flag or the military or naval banners of the Hashemite Kingdom of Jordan or its honorary decorations or insignia or the national, military or naval banners.
5. Marks which include the following words and expressions: “patently” “patented” – “by royal patent” – “registered design” – “copyright”, “counterfeiting is forgery”, or similar words or expressions.
6. Marks which are contrary to the public order or morality or which lead to deceiving the public, or marks which encourage unfair trading competition or contain false indications as to their real origin.
7. Marks consisting of figures, characters or words which are commonly used in trade to distinguish or describe kinds of goods or their types or describe the type or class or goods, or words whose ordinary signification is geographical or a surname, unless represented in a special manner, provided that nothing contained in this paragraph shall be deemed to prohibit the registration of marks of the nature described herein which have a distinctive character within the determined meaning in paragraphs 2 and 3 of Article (7).
8. Marks identical with or similar to emblems of exclusively religious signification.
9. Marks which contain the picture, name of the trade name of a person, or the name of a body corporate or of an association, unless the consent of the person or body corporate concerned has been obtained. In the case of persons recently dead, the registrar may ask for consents of their legal representatives.
10. A mark identical with one belongs to a different person which is already entered in the register in respect of the same goods or class of goods for which the mark is intended to be registered, or so closely resembling such trademark to the extent that it may lead to deceiving others.
11. Marks which are similar to or identical with the Red Crescent or the Red Cross emblems on a white background or the Red Cross or the Cross of Geneva.
12. The trademark, which is similar to or identical with, or constitutes a translation of, a well known trademark for use on similar or identical goods to those for which that one is well known for and whose use would cause confusion with the well-known mark, or for use of different goods in such a way as to prejudice the interests of the owner of the well-known mark and leads to believing that there is a connection between its owner and those goods as well as the marks which are similar to or identical with the honorary badges, flags, and other emblem as well as the names and abbreviations relating to international or regional organizations or those that offend our Arab and Islamic historical values.

Trademark Opposition in Jordan

Any interested person, within three months from the date of publication of the mark in the Official Bulletin, has the right to file to the Controller an opposition to the registration of the mark.

Trademark registration in Jordan

After the examination, opposition process is completed and the mark is accepted for registration, the mark will be registered for a period of 10 years from date of application and the registration certificate is issued.

Trademark Renewal in Jordan

You can renew your trademark right by filing a request for renewal six (6) months before the trademark right expires.