Trademarks
T1: How long will it take to conduct a trademark search?
5-15 days.
T2: Does your country use the international classification?
Yes.
T3: Are there any goods or services for which the mark cannot be registered?
No.
T4: Does the specification of goods in any class limit the protection to the specified goods, or does it give extended protection to all the goods in the class?
The specification of goods limits the protection to the specific goods.
T5: Can a trademark be registered in the name of more than one applicant, i.e. joint application? If so, what are its requirements?
Yes, a power of attorney in the names of the joint applicants.
T6: Can an application be filed without its complete documents? If yes, what is the deadline for filing the complete set of documents?
Yes, as long as the original documents follow within three months of the filing date, provided that a copy of the notarized power of attorney is filed with the application.
T7: Can one application cover more than one class of goods/services?
No.
T8: May priority be claimed under the Paris Convention?
Yes.
T9: What is the protection term of a trademark? From what date is it calculated?
According to the new Law, a trademark registration is valid for 10 years from the date of filing the application, or from the priority date, and is renewable for periods of 10 years each.
T10: Is marking compulsory and, if so, how should marking be made?
No.
T11: In the event a trademark is not renewed in due time, and another company registers the same trademark, can the original owner oppose the registration or not?
Yes
T12: If the trademark was filed incorrectly originally, what documentation would be required to amend the official register to show the correct details?
This is usually corrected without any documents. Should the amendment be substantial, then a copy of the home trademark registration will be necessary.
T13: Is use required before registration or for maintaining the registration in force?
Use is not required prior to registration in order to keep the registration in force. However, lack of use may subject the trademark to cancellation by a third party.
T14: Is use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration?
No.
T15: What are the types of use required?
Sales, exhibitions, advertisements and bills.
T16: Can the assignment of an application be recorded?
No, only once the application matures into full registration.
T17: Is recording a license agreement compulsory? What are the consequences of non-recordal?
Yes. In order to be effective vis-a-vis third parties, an assignment should be recorded.
T18: Can recordals such as change of name, address, merger, assignment, license, etc., be made against pending applications?
No.
T19: Can an assignment be made with or without the goodwill? What monetary consideration is to be mentioned as the value of the assignment? Is there any tax based on the value mentioned?
Yes. US$ 1.00. . No.
T20: Can a trademark application be opposed , and what is the opposition period?
Yes, within three months of the official gazette date.
Patents
P1: Can a patent search be conducted in Jordan?
Yes. Currently the answer is no, until the regulations are approved.
P2: Can a patent application be filed without its complete documents?
Yes.
P3: Can convention priority (Paris Convention) be claimed?
Yes.
P4: Can a registration be obtained for pharmaceutical products?
The new law allows for the protection of chemical products relating to medical drugs, pharmaceutical compositions or food.
P5: What is the term of protection of a patent, and from which date is it calculated? Can it be extended?
A patent under the new law is valid for twenty years from the date of filing the application. This is subject to payment of the prescribed annuity fees starting from the 2nd year of the date of filing in Jordan or the convention filing date in the case of priority applications. A grace period of six months with a fine is allowed.
P6: Is a secret form of filing a patent permitted?
Yes, for two years.
P7: Is there a novelty requirement? Is it local or universal?
Yes, universal.
P8: Are utility models granted protection in your country under the current law?
Yes.
P9: Is patent protection available for software alone, or must the software be coupled with computer hardware in order to permit patent application?
Not applicable.
P10: Can the specifications or claims be amended?
Yes.
P11: Could annuity payments be made before the granting of the patent?
No.
P12: In what language should the specifications and claims of the patent be filed?
Arabic and English.
P13: Is working of the invention required to keep protection in force and, if so, can the working requirements be satisfied by importation or nominal working?
Working of patents is an official requirement. In the event that the owner of a patented invention in Jordan does not satisfy the stipulated working requirements of the country within three years as from the date of grant, then the patent will be subject to compulsory licensing under the provisions of the law. Alternatively, nominal working of a patent can be fulfilled by publishing a notice in a daily newspaper every 2 years, inviting interested parties to explore the patent concerned .
P14:What are the conditions that might lead to a compulsory license?
See question P13.
P15: Must assignments be recorded within a certain period?
No.
P16: Does the patent law provide for licenses or registered users?
That shall be determined in the regulations to be issued for this purpose.
P17: Does the Patent Office publish the patent applications in the Official Gazette?
Yes.
Designs and Industrial Models
D1: Are designs registrable in Jordan?
Yes.
D2: Should the design application be filed under the form of drawings and/or photographs, what would be the size thereof and the number of views?
Reasonable size. Four to six views.
D3: What are the novelty requirements for a design application to be valid?
Local novelty is stipulated
D4: Can convention priority (Paris Convention) be claimed in your country?
Yes.
D5: Does your country use the international classification?
No.
D6: Are there any goods or services for which a design cannot be registered?
No.
D7: Is the assignment by the creator compulsory for a design application?
Yes, if it is to be used in Jordan.
D8: Is there any deadline to apply for the publication of a secret filing of a model/design?
Not applicable.
D9: Are there any special advantages in filing a model or a design in a secret form?
Not applicable.
D10: Is it possible to file more than one design/model in the same application? If yes, are there any advantages in doing so?
No. Not applicable.
D11: What is the term of protection of a model or design in your country? Can this term be extended?
A design registration is valid for five years starting as from the date of filing the application or from the priority date. A registration is renewable for two similar periods of five years each.
D12: Is use required to maintain a registration of a model or design in your country?
No.
D13: Are designs/models protected by copyright law as well?
Yes, if the design has protection in the home country under copyright.
D14: Are there provisions in your law to oppose a model/design registration?
No.
D15: Is it possible to apply for the cancellation of a model/design filed in a secret form?
No.
Copyrights
C1: Is copyright protected in y Jordan?
Yes.
C2: What types of items are protected by the copyright law in your country?
Original works of art, literature, arts and sciences shall enjoy protection under this law no matter what their type, importance or purpose of production is. The protection shall comprise the works of art whose mode of expression is in writing, sound, drawing, photography or in particular: books, booklets and other writings. The works of art which are delivered orally such as lectures, speeches and sermons. Dramatic works, song plays, dramatic-musical works and pantomimes. Musical works whether or not in musical notations and whether or not accompanied by words. Cinematographic, radiophonic and audio-visual works of art. The works of drawing, painting, sculpture, engraving, architecture applied-arts and decoration. Explanatory diagrams, maps, blueprints, and three-dimensional works relating to geography and typography. Computer software. The protection shall include the title of the work of art unless the title is a common expression which denotes the topic of the work.
C3: What is the length of protection of a copyright in your country?
1. Sound recordings are protected for 50 years.
2. Broadcasting programs are protected for 20 years.
3. The copyright protection period provided for in this law shall be valid for the lifetime of the author and for fifty years after his death or after the death of the last person remaining alive among the authors who took part in compiling the work if they were more than one author.
C4: How long does it take a copyright to be registered?
Immediatly upon application
C5: What kind of sanctions does your copyright law provide against infringers?
An imprisonment term of no less than three months and no more that three years, and a fine of no less than JD 1000 and of no more than JD 3000 or by both (1 Jordanian Dinar equals 1.42 US Dollars).
C6: Are there any limitations of copyright in your jurisdiction?
Unless the collections are characterized by personal effort, which embodies innovation or arrangement, the protection provided for in this law shall not include the following works of art: Laws, regulations, court judgments, decisions of administrative bodies, international conventions, and all official documents, as well as the complete or partial official translations thereof. Published, broadcast or publicly announced news of the day. The works of art which fell in the public domain. The national folklore shall be regarded as public ownership for the purposes of this Article provided that the Minister shall exercise the rights of the author as regards those works against distortion, modification or detriment to the cultural interests.
C7: Must transfer agreements be recorded?
The ownership transfer of the original copy of a work of art or its copies or one unique copy or several copies thereof to others shall not include the transfer of copyright in that work to others. However, whoever owns the copy or copies shall have the right to display it to the public and shall not have to allow the author to reproduce, convey or display it unless otherwise is agreed upon.
C8: Must license agreements be recorded?
Yes.
C9: Are there any consequences of non recordal of agreements?
Could be considered as infringement action.
Domain Names
N1: Are domain names protected under a special law in Jordan?
No.
N2: Must the domain name be used in order to have protection?
No.
N3: Can I register a domain name as a Trademark for protection?
If yes, in which class?
Yes, any class.
N4: What is the length of protection of a domain name in your country?
Renewable annually on December 31.
N5 : If the domain name is linked to the original website, is the client liable for any material existing on the original website?
Yes.