Trademark in Jordan
As Jordan is a “first to file” country, trademark registration is required in order to be given rights over a trademark. An unregistered trademark may only be protected in some rare circumstances. Applications for trademark registration must be submitted to the Hashemite Kingdom of Jordan’s Ministry of Industry, Commerce, and Supplies (MIT).
Overview
A trademark does not have to be in use in Jordan to be registered there. Nonetheless, earlier usage could be helpful since it might show that the trademark has developed distinction, which can assist counter an argument that it lacks distinctiveness.
If you register a combination trademark in Jordan (one that combines both word and figurative features), you are only granted the exclusive right to use the mark in the same manner in which you submitted and registered it. It is advised that you file for a different trademark that only includes the word or figurative features you intend to use and protect separately. This is true if you wish to use the word element of your trademark separately from the logo (or vice versa).
Nevertheless, you will have the right to oppose the application on the grounds of confusing resemblance if a third party subsequently wants to register or use a trademark for comparable products or services that contains a major or separate component or portion of your trademark.
During three (3) months of a trademark application's publication in Jordan's official gazette, other parties may launch opposition proceedings against it. Depending on the specifics of each situation, many conditions will affect the odds of an opposition's victory.
Even though a trademark need not be in use to register, it must not be unused for more than three years to avoid being subject to revocation claims based on insufficient use of the brand. The usage must be on a commercial scale in order to prevent this risk.
In Jordan, registered trademarks are valid for ten (10) years from the application date and may be renewed indefinitely for further ten-year periods. Between twelve (12) months of the expiry date and up to the final day of the month in which it expires, the renewal may be sought. Following then, the trademark may still be renewed for a grace period of twelve (12) months by paying a late renewal charge.
The trademark must be written in the Latin alphabet, and only other Latin-written trademarks will be taken into consideration for trademark search reports. Please get in touch with us if you want a trademark search that contains results for trademarks in the local alphabet (Arabic) and is written in the local writing system (Arabic). Extra charges will be made.
Please get in touch with us directly to find out whether we may be able to supply the figurative or design components of your trademark to be taken into account while evaluating it for registration in Jordan (Trademark Search Report). Prices for services and anticipated delivery times may change in such circumstances.
Fees :-
Search prices First class $110.00 - Each additional class $100.00
Searches for a trademark’s figurative elements (logo) are not available. The search will only be for the trademark’s verbal elements.
Application prices First class $1,000.00 - Each additional class $1,000.00
Once the trademark is accepted, a final fee for registration will be due: First class $10 - Each additional class $10
Process :-
Trademark Registration:
- There should be a separate application submitted for each class, and the registration procedure takes 15–18 months to complete. During a time frame of 9 to 11 months, the TMO will consider the application. The TMO will assign a file number for the aforementioned application after the conclusion of the examination period and make a determination to either:
- Accept the application; in order to publish the mark in the official gazette, publication costs must be paid within 30 days of the official notification date; otherwise, the application will be deemed withdrawn. It is important to note that the length of the list of products or services affects the official publishing fees.
- Conditionally accept the application; you have 30 days from the official notification date to appeal the decision or abide by the terms, in which case the application will be deemed withdrawn.
- Deny the application; you have 30 days from the official notice date to appeal the decision; otherwise, the application will be deemed withdrawn.
- Within 90 days after the date of publication in the official gazette, any interested third party may object to the trademark application's publication. The applicant must provide a response to the opposition within 30 days after the official notice date, otherwise the application will be deemed withdrawn.
- The trademark registration is valid for 10 Gregorian years, beginning with the filing date, and is renewed for additional equivalent consecutive periods. The certificate of registration will be provided within 1-2 months after the date of payment of registration costs.
- The renewal process takes 1 week to be completed.
- A separate application should be filed for each class.
- The renewal application should be filed within the last year of the valid protection period.
- A 12 months grace period after the expiry of the valid protection period is granted for filing late renewal; however it is subject to late penalty fees.
- When filing the renewal application, the applicant has to settle the renewal and publication fees on the same day.
- The renewal certificate will be issued within 1 week from the date of settlement of fees.
- The renewal certificate will be published in the official gazette for informative purposes only; No one can oppose the said publication.
- The trademark renewal is valid for another 10 Gregorian consecutive years starting from the expiry of the previous protection period.
- The recordal of change process takes 1 week to be completed.
- A separate application should be filed for each class.
- A change of agent should be filed in order to ensure formality requirements are met.
- When filing the change application, the applicant has to settle the change and publication fees on the same day.
- The TMO will examine the application and issue its official notice of recordal within 1 week from filing.
- The change will be published in the official gazette for informative purposes only; No one can oppose the said publication.
- The recordal of the assignment takes 1 week to be completed.
- An application should may be filed with multiple marks or classes registered in the name of the applicant.
- A change of agent should be filed in order to ensure formality requirements are met.
- When filing the assignment application, the applicant has to settle the assignment and publication fees on the same day.
- The TMO will examine the application and issue its official notice of assignment recordal within 1 week from filing.
- The publication in the official gazette is for informative purposes only; No one can oppose the said publication.
FAQ :-
How do I register a trademark in Jordan?
A trademark application has to be filed before the Trademark Office by a local agent. A power of attorney authenticated by a Jordanian consulate is necessary. Foreign applicants do not need a domestic registration.
Is the name Jordan trademarked?
One of the first things on this list is Michael Jordan's name; he trademarked his own name in 1987 following its first commercial use in 1984.
Is it allowed to use ™?
Anyone can use a TM symbol regardless of whether they've successfully registered the trademark, or whether they've applied for a trademark at all. Even if the trademark application is rejected, the owner can continue to use the TM symbol.
Despite his amazing marketing tactics, Jordan's trademark portfolio is relatively small. He owns the rights to his own name, and he registered his famous jersey number – 23 – for key chains, stickers, and other memorabilia.
What is illegal use?
illegal use means an activity or facility that does not enjoy a legal conforming or legal nonconforming status, as defined in the zoning regulations. A minor illegal use is an illegal use that can be legalized by any means other than by major variance.
Can I trademark a name that is already in use in another country?
No, a U.S. trademark registration will not protect your trademark in a foreign country. Trademarks are territorial and must be filed in each country where protection is sought.
Is there a requirement of use of mark to maintain the trademark registration throughout the entire valid protection period or to renew the mark?
Yes, but the TMO does not request any proof of use. However any interested third party can file a cancellation action against your trademark registration if the mark was not used for 3 consecutive years.
If the applicant failed to renew the mark, can any third party re-register the same mark?
A mark, which is not renewed, cannot be re-registered in favor of third parties in respect of identical or similar goods or services before the lapse of two years from the date of non-renewal.
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