Jordan is a member to the Paris Convention for the Protection of Industrial Property. The international classification of goods is followed in Jordan. The new amendment of the Trademark Law of 1999 allows for the protection of service marks in international classes 35 to 42. A separate application should be filed with respect to each class of goods.

Once a trademark application is filed, it is examined as to its registrability and existence of prior rights. Trademark applications accepted by the Registrar are published in the Official Gazette. There is a three-month period open for filing opposition by any party. An opposition to the registration of a trademark should be prosecuted before the Registrar by a lawyer within three months as from the date of publication. The opposition case is referred to the High Court of Justice if not settled before the Registrar or if either party appeals the Registrar's decision. In the absence of an opposition, the relative certificate of registration is issued.

A trademark registration according to the new Law is valid for 10 years from the date of filing the application or from the priority date renewable for periods of 10 years each. Trademarks that have already been registered will remain valid according to the old law ( 7 or 14 years ) , then be renewed every 10 years. The new Trademark Law provides for a one-year period for late renewal of a trademark, but such a renewal application is subject to payment of a lateness fine. If a trademark registration is not renewed within the grace period as from the date of expiration it will be cancelled automatically.

The assignment of a trademark can be recorded once it is registered. In fact, unless an assignment has been entered against the trademark in the register and published in the Official Gazette, the assignment shall not be effective vis-a-vis third parties. Changes in the name or address of a registrant, amendment of a trademark and limitation of goods covered by a registration should be recorded as well.

Use of marks in Jordan is not compulsory for filing applications or necessary for maintaining mark registrations in force. However, a mark registration is vulnerable to cancellation and can be canceled by any interested party who can establish that the trademark was not actually used during the three years immediately preceding the application for cancellation or that there was no bona fide of using the mark on the goods or services in respect of which the mark was registered.

Unauthorized use of a trademark registered under the law or an imitation of such trademark applied on goods and services of the same class, or sale, storing for the purpose of sale, or exhibiting for sale of goods and services bearing a counterfeit mark, or using a mark duly registered under the law by another person to serve the purpose of unauthorized promotion of goods and services of the same class are offenses punishable under the law in Jordan.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Abu-Ghazaleh Intellectual Property Bulletins

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