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Marks Registration In Jordan

Presented by:

Samer AL-Tarawneh

Director

Industrial Property Directorate

Ministry of Industry & Trade

Amman-Jordan

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Legal Environment for the Protection of Industrial Property

in Jordan (I)

•Industrial Designs and Models Law No. 14 For The Year 2000

•The Protection of Layout-Designs of Integrated Circuits Law No. 10 For The Year 2000

•Patent Law No. 32 For The Year 1999

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Legal Environment for the Protection of Industrial Property

in Jordan (II)

•Geographical Indications Law No. 8 For The Year 2000

•Unfair Competition and Trade Secrets Law No. 15 for the Year 2000

•The Law Amending the Trademarks Law No. 34 For The Year 1999

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Marks Eligible for Registration

Marks MUST be Distinctive and Visually Perceptible:

•Devices or Logos

•Words or Letters

•Figures

•Colours

•Combination of the Above

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Marks which May Not be Registered (I)

•Emblem of the King, Royal Crest and Medals or flags of the Government of Jordan or other Countries

•Emblems, Flags, names, abbreviations or armorial bearings of international or regional organizations.

•Marks that are Contrary to Public Order or Morality

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Marks which May Not be Registered (II)

•Marks, Identical or Similar, to Registered Marks that are Likely to Confuse the Public

•Marks which Might Lead to the Deception of the Public or Encourage Unfair Competition.

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Marks which May Not be Registered (III)

•Identical or Similar Marks or Translation of a Well-Known Mark

•Words, letters or numbers, which are commonly used in trade

•Descriptive words, unless it is distinctive.

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Registration Procedures I -Provisional Acceptance

•Any person claiming to be the owner of a used or intent to be used trade mark, can file an application

•The Registrar may refuse such application, accept it as it is, or accept it subject to certain conditions, amendments or modifications.

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Registration Procedures II -Provisional Acceptance

•Any rejection by the Registrar is subject to appeal to the High Court of Justice.

•Publication in the Official Gazette for opposition.

• The Registrar authority to refuse the application is valid until the time for publication is lapsed (3 month)

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Opposition Procedures

Any Person May Oppose Registration:

Notice of opposition in writing include the grounds for the opposition

Reply from the applicant. If Applicant DOES NOT Reply Application is Considered Abandoned

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Cancellation Procedures (Non Use)

•Any person with an interest

•Prove that the trademark owner did not use the trademark for 3 Years

•Mark Owner Can Provide Evidence that the Non-Use was for Reasons Beyond his Control

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Cancellation Procedures(Other than Non Use)

•Any person with an interest

•Must be made within 5 years from the actual registration

•No justification for registration or on the ground that the registration creates a case of unfair competition

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The Hearing Day

Each Party May Submit a Pleading

Registrar Issues a Decision

Decision Can be Appealed to the High Court of Justice

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Practical Cases I(POKEMON)

Pokemon

بوكيمون

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Practical Cases II(ZWAN)

Rwan

( روان(

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Practical Cases III FOUR SEASONS

(AL FOSOL AL ARBAH)

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Practical Cases IV(TOY STORY)

(HEKAYET LOABAH)

)( لعبة حكاية

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Practical Cases V(EURO STAR)

( ستار( يورو

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Practical Cases VI(AL-JAZEERA)

Local Newspaper - Al-Jazeera

(Same Logo)

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High Court of Justice (I)Principles

•Registration of a trademark is prima-facie evidence of property, which can be reversed by evidence

•The registrar authority to refuse the application is valid until the time for publication has elapsed (3 months)

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High Court of Justice (II)Principles

•Similarity can be established either by pronunciation and/or character/logo

•Well known trademarks are entitled to Protection even if not registered or used in Jordan

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Conclusion•If you want to avoid litigation:

–Registration

•Register the translation

(If you want avoid litigation to prove that your Mark is Well Known)

•You always can rely on the concept of unfair competition.

–(In case of transliteration to other languages)