Trade and Service Marks

– Trade Marks Law No. 33 of 1952, effective since July 1, 1952.
– Amended Trademarks Law No. 34 of 1999, effective since December 1, 1999.
– Regulation No. 37 of 2000, effective since August 31, 2000.
– Amended Trademarks Law No. 29 of 2007, effective since June 1, 2007. (The main reason for the amendment is to make the Trademarks Law compatible with the provisions of the Madrid Protocol as Jordan is planning to join the treaty soon.)
– Amended Regulation No. 117 (2018). (The main reason for this Regulation is to make e-filing available.)

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since July 12, 1972.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since July 17, 1972.
– WTO’s TRIPS Agreement, since April 11, 2000.
– Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, Stockholm Act and Geneva Act, since November 14, 2008.
– Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks, since November 14, 2008.

Filing

Applicant: the first user of a mark is entitled to registration thereof. However, no person will be entitled to claim damages for the infringement of a mark unless the same has been registered in Jordan. Registration constitutes prima facie evidence of proprietorship.

What can be registered: trademarks are acceptable for registration if it possesses distinctive characters in terms of names, letters, numerals, figurative elements, and color or otherwise, or any combination thereof provided it can be recognized visually. Numerals are accepted with a disclaimer for general use.

Collective marks: are registrable. No provision as to series of marks or associated marks.

Service marks: protectable.

Famous marks: famous marks enjoy protection even if they are not registered in respect of the same class(es) of goods and services in Jordan.

Classification: according to the 11th Edition of the International Classification. A separate application should be filed with respect to each class of goods or services. Claiming class heading is no longer acceptable and detailed items should be claimed (except when the application is filed with priority claim).

Filing requirements for an application (to be sent to resident agent):
1. A legalized power of attorney; legalization should be made up to the Jordan Consulate (can be filed within three months of the filing date);
2. 1 print for each trademark and for each class;
3. Name, nationality, address and occupation of the applicant;
4. Detailed list of goods and/or services.

Electronic filing: available since January 2019.

Electronic signatures: are accepted, provided that the original document is legalized as required.

For renewals: a legalized power of attorney.

For assignments:
1. A legalized power of attorney, signed by the assignee. The date of execution of the power of attorney should not exceed one year;
2. A deed of assignment signed by both parties, notarized and legalized;
3. A sworn Arabic translation for the assignment documents.

For a change of name:
1. A change of name certificate or a copy of any official document attesting the official change of name, duly certified and legalized up to the Jordan Consulate;
2. Power of attorney in the new name, legalized up to the Jordan Consulate.

For a change of address:
1. Power of attorney with the new address, legalized up to the Jordan Consulate.

Examination, Granting and Protection

Examination procedure: applications are examined as to registrability, published in the Official Gazette, and opened to public inspection for three months from the publication date.

Opposition: may be filed at the Trademark Office within three months from the publication date. 

Appeal: all decisions issued from the Trademark Office are subject to appeal to the Administrative Court. The decision of the Administrative Court is subject to appeal to the Higher Administrative Court. 

Disclaimers: available.

Letters of consent: the Registrar’s rejection of an application for the registration of a trademark can be dropped if the applicant files a letter of consent issued by the owner of the cited mark and amends the trademark so that it is distinguishable from the cited trademark. The LoC can be simply signed and stamped by the owner of the cited trademark.

Delivery of document: the registration certificate is issued in paper format.

Duration: ten years from the filing date of the application, always renewable.

Renewal: for periods of ten years, to be applied for within one month prior to expiry.

Obligation to use: applications for cancellation of a registered mark may be filed by any interested person on the grounds that there has been neither use of the mark nor bona fide intention of using it, or that there has not been any such use during the preceding three years.

Cancellation: removal from the Register of a trademark may be made within five years from the date of registration on the grounds that it is not entitled to registration within the provisions of the ordinance, or on the grounds that the registration of the mark gives rise to unfair competition in respect of the applicant’s rights in Jordan. All decisions issued from the Trademark Office are subject to appeal to the Administrative Court within sixty days from the date of notification of the decision. The decision of the Administrative Court is subject to appeal to the Higher Administrative Court.

Marking: not compulsory.

Assignments: should be recorded in order to be effective. The assignment can be recorded with or without the goodwill of the business concerned with it.

Licensing: provided for; may be recorded. Use by the licensee is considered as use by the owner of the concerned trademark.