Service marks
An amendment to the Trademark Law of Jordan was published in the Official Gazette No. 4389 on November 1, 1999, and came into effect on December 1, 1999, allowed for the registration of service marks in Jordan. Upon implementation of the new law, applications filed in class 16 will no longer offer protection for services. Consequently, service marks should be filed in classes 35-42.
Famous trademarks
The new revised trademarks law recognizes the concept of a "famous trademark". Article 8.12 prohibits registering a trademark which is identical or similar to, 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 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 lead to believing that there is a connection between its owner and those goods.
Nevertheless, the law specifies that the notoriety of the famous trademark should surpass the country of its origin, where it had been initially registered. Moreover, the famous trademark should be well known among the public consumer in connection with the sectors relevant to the famous trademark in Jordan. The law requires the above as a condition to granting protection to famous trademarks.
Although the law provides protection to famous trademarks, it is advisable to file and register such marks in Jordan to avoid any possible problems.
Cancellation based on Non-use of a mark
According to Article 22 clause 1 of the Jordanian Trademark Law: Whoever is interested may 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, unless the registrant proves that non-use has been due to special circumstances in the trade or to justifiable reasons which prevented use. Therefore, it is advisable to file a new application to protect the owner’s rights if a cancellation action is filed against an old registration.
Three dimensional trademarks
A three dimensional mark cannot be filed as a trademark application, but according to the Designs and Industrial Models Law it is possible to file it as an industrial design or model, which will gain protection for 15 years as from the filing date. It is expected that the Locarno Classification system will be adopted once the designs regulations are approved.
Nominal working of patents
According to the new Patent Law of Jordan, a patent is subject to compulsory licensing if it is not exploited before the elapse of 4 years as of the application date, or three years as of the granting date. The period to be applied is the one that elapses later.
In order to avoid compulsory licensing, the patentee may effect a nominal working of a patent by publishing a notice in a daily newspaper every 2 years inviting interested parties to exploit the patent concerned.
Registration of Designs and Industrial Models
Article 4 of the Jordanian Law on Designs and Industrial Models provided the conditions under which design and models can or cannot be registered in the country. An industrial design or model may be registered if the following conditions are met:
1- If it is new, undisclosed to the public anywhere in the world, by any means, including use or publication in a tangible form thereof, whether disclosure occurred prior to the filing, or the priority date of the application for registration, as the case may be, and in accordance with the provisions of the Law.
2- If it is independently created.
Disclosure to the public of a design or industrial model shall not be taken into consideration, if the disclosure occurred within twelve months preceding the date of filing for registration in Jordan, or the claimed priority date of the application, if such disclosure was a result of an act committed by the applicant, or of an unlawful act committed by a third party against the applicant.
Designs or industrial models dictated by technical or functional considerations may not be registered. However, the Registrar shall issue his decision in this regard upon a recommendation of a technical committee, which shall be formed for this purpose. An industrial design or model that is contrary to the public order or morality shall not be registered.
Nice Classification System of goods and services
A seminar on the amended Nice Classification System which is expected to take effect as from 1st of January 2002, was organized in Amman, Jordan, on 17 and 18 of September, 2001 by the Jordanian Ministry of Industry and Trade and the World Intellectual Property Organization (WIPO).
Mr. Jean Paul Hoebreck represented WIPO in exposing the changes and amendments made to the classification system. It is believed that the aim of the Jordanian Government from such move is to explore the possibility of joining the Nice Agreement in the light of the changes made to the system.