Trademarks Law No (33) for the Year (1952) and it’s Amendments
Article (1)
This law shall be called the "Trademarks Law for the Year 1952" and shall be effective after the lapse of one month as from the date of its publication in the Official Gazette.
Article (2)
The following words and phrases, wherever mentioned in this Law, shall have the meanings assigned to them below unless the context indicates otherwise:
The Ministry: The Ministry of Industry and Trade.
Minister: Minister of Industry and Trade.
Registrar: Trademark Registrar.
Registry: Trademark Registry.
Trademark: Any visible sign used or intended to be used by any person to distinguish his goods, products or services from the goods, products or services of others.
Well-Known Trademark: A world-renowned trade mark whose fame has gone beyond the country of origin in which it was registered and gained fame in the relevant sector of the public in the Hashemite Kingdom of Jordan, taking into account the instructions issued by the Minister in this regard and accordance with the obligations and duties arising under the agreements related to the protection of the well-known trade mark. The Kingdom shall be a party to it, and these instructions shall be published in the Official Gazette.
Collective Trademark: The mark used by a legal person to certify the source of goods not of his manufacture, the materials from which they are made, their quality, method of production, the accuracy followed in their manufacture, or other features and characteristics of those goods.
Madrid Protocol: The Protocol of the Madrid Agreement Concerning the International Registration of Trademarks was approved in Madrid on 6/27/1989, including the common executive regulations between the Agreement and the Madrid Protocol.
International Bureau: The International Bureau of the World Intellectual Property Organization.
Primary Registration: The registration of the trademark in the register, which is considered the basis for the application for its international registration.
Office of Origin: Registered as a contracting party to the Madrid Protocol.
Basic registration application: The application submitted to the Registrar for registering a trademark is considered the basis for the application for international registration thereof.
The International Register: The official record at the International Bureau, which includes the data related to the international registration of a trademark.
Contracting Parties: Parties to the Protocol are countries and international governmental organizations.
International Registration Application: The application submitted to the office of origin to register the trademark internationally.
International Protection Extension Application: The application submitted to the office of origin for the international protection extension of an internationally registered trademark.
International application for protection extension to the Kingdom: The trademark registration application received by the Registrar from the International Office requesting the extension of trademark protection to the Kingdom.
Article (3)
Trademark Registry:
1. A register shall be organized at the Ministry, under the supervision of the Registrar, to be called the “Trademarks Register” in which all trademarks, the names and addresses of their owners, and the following shall be recorded in these marks:
a . Any transfer, assignment, transfer of ownership or license from its owner to a third party to use it, and the confidentiality of the licensing contract is excluded from registration.
B. Mortgage or attachment imposed on the trademark or any restriction on its use.
2. The public has the right to view the Trademarks Registry per the Minister's instructions for this purpose and to be published in the Official Gazette.
3. A computer may be used to register trademarks and their data; the data and documents extracted from it certified by the Registrar shall be evidence against all.
Article (4)
The Trademarks Register existing on the date of entry into force of this law shall be merged with the Register stipulated in the previous article and shall be considered an integral part thereof. Taking into account the provisions of Article (29) of this Law, the validity of each original registration of a trademark recorded in the Register shall be decided upon after merging it in this manner based on the law that was in force when that entry was written. Those marks retain their original history; otherwise, they are considered trademarks registered under this law.
Article (5)
It is permissible for the public to view the register kept in accordance with this law at all appropriate times, considering the regulations that may be issued in this regard. A true copy of each entry included in the register is given to everyone who requests it after paying the specified fee.
Article (6)
Whoever desires to be independent in using a trademark to distinguish the goods that are of his production, manufacture, or election, or for which he has issued a certificate or the goods that he trades or intends to trade in, he can request the registration of that mark in accordance with the provisions of this law.
12. A trademark that matches, resembles, or constitutes a translation of a well-known trademark because it is used to distinguish goods that are similar or similar to the goods for which it is famous and is liable to create confusion with the well-known mark or because it is used for other than these goods in a way that is likely to harm the interest of the owner of the famous trademark and suggests a connection between him and these goods, as well as marks that are similar or identical to honorary insignia, flags, other emblems, names or acronyms of international or regional organizations, or that offend our historical, Arab and Islamic values.
Article (7)
1. Trademarks that may be eligible for registration must consist of characters, devices or marks or a combination of these things with a distinctive character.
2. For this Article, "distinctive" shall mean applied in a manner which secures distinguishing the goods of the proprietor of the trademark from those of other persons.
3. In determining whether a trademark has a distinctive character as mentioned hereinbefore, the registrar or the court may, in the case of a brand in actual use, take into consideration the extent to which such service has rendered the trademark, in fact, distinctive for the goods in respect of which it is registered or is intended to be registered.
4. A trademark may be limited in whole or in part to one or more particular colours. In such instances, the fact that the trademark is limited to such colours shall be considered by the registrar or the court when deciding on the distinctiveness character of such trademark. If and so far as a trademark is registered without limitation to colour, it shall be considered to be registered for all colours.
5. The registration of a trademark should be restricted to particular goods or a specified class of goods.
6. Any disagreement on the class to which any goods belong shall be determined by the registrar, whose decision shall be final.
Article (8)
The following may not be registered as trademarks.
1. Marks that resemble the emblem of His Majesty the King or royal crests or the word royal or any other words, characters, or representations which may lead to the belief that the applicant enjoys royal patronage.
2. The insignia or decorations of the Hashemite Kingdom of the Jordanian government or those of foreign states or countries unless authorised by the competent authorities.
3. Marks indicating any official designation unless the application of which is demanded by the competent authorities to whom such mark belongs or is under their supervision.
4. Mark which resembles the national flag, the military or naval banners of the Hashemite Kingdom of Jordan, its honorary decorations or insignia, or the national, military, or naval banners.
5. Marks include the following words and expressions: "patently" patented, by royal patently, registered design, copyright, counterfeiting is a forgery", or similar words or expressions.
6. Marks contrary to the public order or morality or leading to deceiving the public, or marks which encourage unfair trading competition or contain false indications of their real origin.
7. Marks consisting of figures, characters or words which are commonly used in trade to distinguish or describe kinds of goods or their classes or describe the type or class or goods, or words whose ordinary signification is geographical or a surname, unless represented in a special manner, provided that nothing contained in his paragraph shall be deemed to prohibit the registration of marks of the nature described herein which have a distinctive character within the
8. Marks identical with or similar to emblems of exclusively religious signification.
9. Marks which contain the picture, name of the trade name of a person, or the name of a body corporate or of an association, unless the consent of the person or body corporate concerned has been obtained. In the case of persons recently dead, the registrar may ask for the consent of their legal representatives.
10. A mark identical to one belonging to a different proprietor which is already entered in the register in respect of the same goods or class of goods for which the mark is intended to be registered or so closely resembling such trademark to the extent that it may lead to deceiving third parties.
11. Marks which are similar to or identical to the insignia of the Red Crescent or the Red Cross on a white background or the insignia of the Red Cross or the Cross of Geneva.
12. A trademark that matches, resembles, or constitutes a translation of a well-known trademark because it is used to distinguish goods that are similar or similar to the goods for which it is famous and is liable to create confusion with the well-known mark or because it is used for other than these goods in a way that is likely to harm the interest of the owner of the famous trademark and suggests a connection between him and these goods, as well as marks that are similar or identical to honorary insignia, flags, other emblems, names or acronyms of international or regional organizations, or that offend our historical, Arab and Islamic values.
Article (9)
Where the name or description of any goods is incorporated in a trademark, the registrar may refuse to register the such mark for any goods other than those so named or described. However, where the trademark includes the name or description of any goods which vary in use, the registrar may permit the registration of the mark incorporating the title or description in respect of goods other than those named or described, and even the applicant points out in his application that a difference in the name or description exists.
Article (10)
Collective markers:
1. The Registrar may register a collective mark if it meets the description specified in Paragraph 1 of Article 7 of this Law. It is considered a private trademark of the legal person whose name is registered.
2. The ownership of a collective mark may not be transferred or re-registered after its cancellation or abandonment of its use except in the name of the legal person in whose name it was originally registered or in the name of his legal successor.
3. A mark may be registered for non-commercial purposes, such as the logo adopted by a body of public interest, used by a professional institution to distinguish its correspondence, or to serve as a badge for its members. Such a mark shall be treated as a collective mark.
4. The conditions for registering collective marks and all other related regulatory matters shall be determined according to instructions issued by the Minister for this purpose, and they shall be published in the Official Gazette.
Article (11)
1. Any person claiming to be the proprietor of a used or proposed to be used trademark who is desirous of registering such trademark shall apply in writing to the registrar in a prescribed manner.
2. Subject to the provisions of this law, the registrar may refuse such application or accept it absolutely or subject to conditions, amendments or modifications as to the mode or place of use of the trademark or other aspects.
3. A rejection by the register to register a trademark shall be subject to an appeal to the Administrative court .
4. The register or the high court of justice, as the case may be, may at any time, whether before or after acceptance, correct any error in connection with any application or may ask the applicant to amend his application upon such terms as the registrar or the Administrative court may deem fit to impose.
Article (12)
If a trademark incorporates matters in common use in the trade or otherwise is neither in such common use nor has an obvious feature, the registrar or the high court of justice may require, in deciding whether such trademark shall be entered or shall remain entered in the register, as a condition for maintaining its entery in the record, that the proprietor shall disclaim any right to the exclusive use of any part or parts of such trademark, or of all or any portion of such matters, to the exclusive use of which the registrar or the court holds him not to be entitled, or that he shall make such other disclaimer as the registrar or the court may consider needful for the purpose of defining the rights of the proprietor of the trademark under such registration, provided always that no disclaimer by the proprietor of the trademark entered in the register shall affect any of his rights except to the extent resulting from the registration of the brand in respect of which the disclaimer is made.
Article (13)
When accepting an application for the registration of a trademark, whether such acceptance is absolute or subject to conditions or limitations, the registrar shall, as soon as possible after such approval, cause the application in the manner in which it has been accepted to be published in the prescribed form. Such publication shall include all the conditions and limitations subject to which the application has been accepted.
Article (14)
1. Any person may object to the registration of any trademark with the Registrar within three months from the date of publishing the announcement of submitting the application for its registration or during any other period specified for this purpose. But if the advertisement for applications was published before the enforcement of this law, then the period during which the objection may be submitted and the manner in which it may be submitted shall be determined in accordance with the provisions of the Trademarks Law in force at the date of publication of the advertisement.
2. The objection should be submitted in writing in accordance with the prescribed rules, and the reasons for the objection should be stated in it.
3. The registrar shall send a copy of the objection to the applicant for registration, who shall send to the registrar, according to the prescribed rules, a response statement containing the reasons on which he relies in the application he submitted for the registration of the mark. If he does not do so, he shall be deemed to have abandoned his application.
4. If the applicant for registration sends a reply pleading, the registrar shall deliver a copy thereof to each of the persons who object to the registration, and he shall, after hearing the parties (if necessary) and after examining the evidence presented by each of them, decide whether it is necessary to allow the registration and the conditions. which must be taken into account.
5. The decision issued by the Registrar may be appealed to the High Court of Justice.
6. The appeal under this Article shall be submitted within (20) days from the date of the Registrar’s decision. Upon consideration of the appeal, the Supreme Court of Justice shall hear the parties and the Registrar if necessary and issue a decision indicating whether it is necessary to allow registration and the conditions that must be observed therein.
7. When examining any such appeal, any of the parties may present any other evidence for consideration by the court, either in accordance with the prescribed rules or after obtaining special permission from the Supreme Court of Justice.
8. When submitting an appeal under this article, the registrant or the objector is not allowed to state any additional reasons other than the reasons for objection mentioned by the objector in accordance with the previous provisions unless it is permitted by the Supreme Court of Justice that considers the appeal. If any additional reasons are presented for the appeal, the applicant has the right to withdraw his application. He shall be charged with paying the deduction expenses, which shall only be after he has been notified of that by an advertisement per the established rules.
9. When examining the appeal filed under this article, the Supreme Court of Justice may allow, after hearing the registrant's data, to amend the trademark required to be registered in a way that does not affect the nature of that mark. However, in such a case, before registering the amended mark, its amended form should be announced in accordance with established assets.
Article (15)
1. If the application submitted for trademark registration is accepted, there has been no objection to it and the period specified for the complaint has expired, or if the application has been objected to. A decision to reject the protest has been issued; the registrar shall register that trademark after paying the prescribed fee unless the application was accepted by mistake or the court indicated otherwise. The mark shall be registered on the date of the application, considering this date as the date of registration. But suppose the application for registration was submitted by the provisions of Article (40) of this law. In that case, the mark shall be registered according to the date on which the application for registration was submitted in the foreign country. To fulfil the intended purposes of this law, that date shall be considered the date of registration. 2. When registering a trademark, the registrar issues the applicant a certificate of its registration according to the prescribed form.
Article (16)
If the trademark is not registered within 12 months from the date of the application due to the failure of the applicant, then the Registrar may, after duly notifying the applicant in writing that its registration has not been completed, consider him as relinquishing his application, unless it was completed within the period specified for him by the Registrar in the advertisement.
Article (17)
If several persons apply for the registration of trademarks that are similar or closely similar to each other, and those marks relate to the same goods or class, the registrar may refuse to register any of these marks in the name of one of these applicants, except after their rights are settled:
1. Either by agreement among themselves in a manner approved by the Registrar, or
2. Through the High Court of Justice, to which the Registrar refers the dispute when no such agreement is reached.
Article (18)
Use of the mark by more than one person at the same time:
1. If a person uses, by way of honest competition, a trademark used by another person, or if there are other special circumstances in which the registrar should register the same mark in the name of more than one person, then the registrar may allow the registration of that mark, or any other marks closely resembling it, for the same goods or The class of goods in the name of more than one person based on the restrictions and conditions that it may be desirable to impose in terms of the method and place of use and other matters.
2. A decision issued by the Registrar under this Article may be appealed to the High Court of Justice, which, when considering the appeal, has the same authority as the Registrar under this Article.
3. An appeal under this Article shall be filed within 30 days from the date of the Registrar's decision.
Article (19)
Transferring trademarks and distributing them to partners upon dissolution of the company:
1. The ownership of a trademark may be transferred, assigned, or mortgaged without transferring, assigning, or mortgaging the ownership of the shop that uses the trademark to distinguish its goods. It is also permissible to attach the trademark independently of the business.
2. The ownership of the commercial establishment shall transfer ownership of the trademark if it is closely related to it unless otherwise agreed upon.
3. If the ownership of the business is transferred without transferring the ownership of the trademark, the transferor of ownership may continue to use the trademark for the goods for which the trademark was registered.
4. Transferring or mortgaging the ownership of a trademark shall not be considered evidence against third parties except on the date of recording the transfer or placing the mortgage sign in the register, which shall be published in the Official Gazette.
5. The procedures for transferring the ownership of the trademark, mortgaging it, seizing it, and all other legal actions related to this trademark shall be determined according to instructions issued by the Minister for this purpose. They shall be published in the Official Gazette.
Article (20)
Registration period:
1. The term of ownership of trademark rights is ten years from the date of its registration, and its registration may be renewed for similar periods by the provisions of this law.
2. Trademarks registered or renewed prior to the enforcement of the provisions of this law shall be renewed upon the expiration of their term for a period of ten years.
Article (21)
1. The registrar shall renew the registration of the trademark at the request of its owner in accordance with the provisions of this law.
2. If the trademark owner does not request its renewal, then it is deemed to have been deleted from the register with a lapse of one year from the expiration of its registration period. However, others have the right to request the registration of this trademark in his name after the end of another year.
3. The owner of a trademark that was considered deleted may request its re-registration at any time unless it was registered in someone else's name.
article (22)
1. Subject to the provisions of Article 25 of this Law, any interested person may request the Registrar to cancel the registration of any trademark registered for a third party if he did not actually and continuously use it during the three years preceding the application, unless the owner of the trademark proves that the non-use of it is due to circumstances. Private business or to justifiable reasons that prevented its use.
2. A third party's use of a trademark registered with the consent of its owner is considered a use of it to continue its registration by the provisions of Paragraph 1 of this Article.
3. The Registrar shall allow the two parties to present their defences before deciding on the cancellation application. His decision shall be subject to appeal before the Supreme Court of Justices.
article (23)
Trademark transfer registration:
1. When a person becomes the owner of a registered trademark by virtue of a transfer, transfer or other legal transaction, he must submit an application to the Registrar to register the aforementioned mark in his name. Upon receiving this application and being satisfied with the proof of ownership, the Registrar must register that trademark in the name of that person and enter the register. For transfer, transfer, or any other document related to the ownership of the trademark, every decision issued by the Registrar under this Article shall be subject to appeal to the Supreme Court of Justice.
2. Except for the appealed cases pursuant to this Article, no document or instrument that has not previously been registered in the register by the provisions of the previous paragraph shall not be accepted unless the court indicates otherwise.
article (24)
Registry Correction:
Subject to the provisions of this law:
1. Anyone who has suffered an injustice as a result of not making an entry in the register, or because of deleting any entry from it, or writing any entry in it without sufficient reason to justify its entry, or because any entry remained in the register unjustly, or the existence of an error or deficiency in any entry entered In the register, he may choose between submitting an application by the prescribed rules to the Supreme Court of Justice or submitting a preliminary application to that effect to the Registrar.
2. The registrar may, at any stage of the procedures, refer this request to the Supreme Court of Justice, or decide on the disputed issue after hearing the relevant parties, provided that he appeals his decision to the Supreme Court of Justice.
3. The Supreme Court of Justice may, in any procedures pending before it relating to the record correction pursuant to this Article, decide on any matter it deems necessary or appropriate to resolve.
4. The Registrar may, in the event of fraud in the registration, transfer or transfer of any registered trademark, submit an application to the Supreme Court of Justice by the provisions of this Article.
5. Every application submitted to remove a trademark from the register due to the lack of justification for its registration under the provisions of Articles 6, 7, or 8 of this law or because the registration of that mark creates unfair competition about the rights of the applicant in the Hashemite Kingdom of Jordan, must be submitted within Five years from the date of registration of that mark.
6. The decision issued by the Supreme Court of Justice to rectify the record must include an order to the party in whose favour the decision was issued to send a copy of the decision to the registrar, and then the registrar will correct the record by the terms of that decision.
article (25)
Trademark Owner Rights:
1. a. The right to use a legally registered trademark is limited to its owner, and he has the right to prevent others from using marks that are identical or similar to them to the degree that is likely to lead to confusion without his prior approval, and it is assumed that confusion may occur in the case of using an identical trademark on similar products
B. If the trademark is well-known, even if it is not registered, its owner has the right to ask the competent court to prevent others from using it for similar or dissimilar products or services, provided that the use of this trademark indicates a link between those products or services and the well-known mark and the possibility that the interests of the owner of this trademark will be harmed. The mark is the result of this use, and it is assumed that confusion may occur in the case of using an identical well-known trademark on similar products.
c. If two or more registered persons are the owners of one trademark (or a mark with many similarities thereto) belonging to the same goods, neither of them shall have the right to exclusively use it according to the registration (except to the extent that the Registrar or the High Court of Justice assigned to him of the rights), otherwise each of them shall have The same rights as if he was the only registered owner of that trademark.
2. The trademark owner may license one or more persons, under a written contract, to use the trademark for any of his goods, and the owner of this trademark has the right to continue using it unless otherwise agreed upon. The contract is with the registrar.
article (26)
Registry Correction:
The registrar may, based on a request submitted to him by the registered owner of the mark, by the prescribed formula:
1. To correct any error in the name or address of the registered owner of the mark, or
2. To register any change to the name or address of the person registered as the owner of the trademark, or
3. To delete from the goods for which the trademark was registered any goods or class of goods, or
4. To register any waiver or any memorandum relating to a trademark if that waiver or memorandum does not increase the rights conferred by the current registration of that mark,
5. To cancel the registration of any trademark registered in the register. Any decision issued by the Registrar under this Article may be appealed to the Supreme Court of Justice.
Article (27)
Applications submitted to include entries in the register related to amending the classification of goods or replacing them with others:
1. The Minister of National Economy may, upon the proposal of the Registrar and the approval of the Council of Ministers, lay down from time to time regulations, designate forms, and do in general the matters he deems necessary to give the Registrar the power to amend the register, whether by introducing new entries in it or deleting or changing some entries from it. To the extent required by the case to ensure the conformity between the description of the goods or their classes contained therein related to registered trademarks with any modified or replaced classification decided to be included.
2. The Registrar, upon exercising any of the powers conferred on him by those above, is not entitled to make any amendment in the register that would result in the addition of other goods or any other class of goods to the goods or classes of goods in respect of which the trademark was registered prior to the date of making the amendment. directly, and he is also not entitled to date the registration of a trademark for any goods with a date prior to the date of registration, provided that the provisions of this paragraph do not affect what is related to the goods that the Registrar believes that applying the provisions to them would involve unjustified complexity and that the procedure of adding or submitting History will not deal with a significant amount of commodities, nor will it do any significant injustice to the rights of any person.
3. To fulfil the purposes above, every proposal aimed at amending the register must be notified to the registered trademark owner that the proposal deals with. The owner of the said trademark has the right to appeal it to the Supreme Court of Justice, provided that he announces that proposal with every change that occurs to it. Likewise, any person who is unfair to him is entitled to, As the result of this proposal, because the proposed amendment violates the provisions of the previous paragraph, shall submit his objection to the amendment to the Registrar. The decision of the Registrar on the subject of the said objection shall be subject to appeal to the Supreme Court of Justice.
article (28)
Considering the registration as preliminary evidence
The registration of a person as the owner of a trademark is considered to provide evidence of the legality of the original registration of that mark and of all that follows from its waiver and transfer in all legal procedures related to its registration.
article (29)
It is not permissible to delete or strike off any of the trademarks registered in the register on the date this law goes into effect if it could be registered under this law just because it was not registrable under the laws in force at the date of its registration. However, nothing in the provisions of this article exposes any person to any liability due to any act or order that took place before the enforcement of this law if he is not liable under the law in force at that time.
article (30)
If a lawsuit is filed with the court to change or correct the record, the registrant may appear before the court and give his opinion, and he must appear before it if it instructs him. However, he may also, instead of appearing in person, submit a statement signed by him, including what he deems appropriate of the details of the procedures taken before him in the case. in dispute, or the reasons on which it relied in issuing its decision in the aforementioned case, or the method followed by the office in such cases, or any other issues that have a bearing on that case, which came to his knowledge in his capacity as a registrant unless the court decided otherwise. These regulations are considered part of the evidence in that suit.
article (31)
The certificate from which it is inferred that the signature of the registrant issues it in respect of any entry, order or thing that he is authorized to make in accordance with the provisions of this law or any system issued pursuant to it is considered a precursor to evidence of that entry and its content as well as the occurrence or non-occurrence of that matter or thing.
article (32)
1. Whoever presents a trademark as being registered, although it is not registered, shall be punished with a fine not exceeding fifty dinars for each offence.
2. To fulfil the purpose of this Article, a person shall be deemed to have presented a trademark as registered if he uses the word (registered) about that mark or any other expressions expressly or implicitly indicating that such mark has been registered.
article (33)
Unregistered trademarks:
1. No one has the right to file a claim for compensation for any infringement of a trademark not registered in the Kingdom. Still, he has the right to apply to the Registrar to invalidate a trademark registered in the Kingdom by a person who does not own it after it was registered abroad if the reasons that He claims the reasons mentioned in paragraphs 6, 7, 10 and 12 of Article (8) of this law.
2. The decision issued by the Registrar in accordance with this article's provisions may be appealed to the Supreme Court of Justice within sixty days from the date of its notification.
article (34)
Infringement claims:
The court that hears cases of infringement of trademarks shall accept the certificate of prevailing commercial dealings with regard to the method of manufacturing the goods for which the trademark was registered or any trademark or process of manufacturing method used legally by other persons in connection with such goods.
article (35)
The registration under this law does not prevent any person from using his name, the name of his place of business, or the name of one of his predecessors in the business in a real way or from using any real description of his goods in terms of type.
Article (36)
Nothing in the provisions of this law affects the right to file a lawsuit against any person for disposing of goods as belonging to another person or for securing the rights of the owner of the goods.
Article (37)
Crimes:
1. Anyone who commits one of the following acts with intent to defraud shall be punished by imprisonment for not less than three months and not exceeding one year or a fine of not less than one hundred dinars and not exceeding six thousand dinars:
A. Forged a trademark registered by the provisions of this law, or imitated it in a way that misleads the public, or marked inside the Kingdom a forged or imitated trademark on the same class of goods for which the trademark was registered.
B. Uses, without right, a trademark owned by others on the same class of goods for which the trademark was registered.
c. He sold or acquired with intent to sell or offered for sale goods bearing a trademark whose use is considered an offence under clauses (a) and (b) of this Paragraph, and he had prior knowledge of that.
2. Notwithstanding what was stated in Paragraph 1 of this Article, persons who sell, offer for sale or acquire with the intention of selling goods bearing a trademark whose use is considered a crime under Clauses (a) and (b) of Paragraph 1 of this Article, shall be punished with a fine of no less than fifty dinars. It does not exceed five hundred dinars.
3. The provisions of Paragraph 1 of this Article shall apply to anyone who attempts to commit any of the acts stipulated in this Paragraph or assists or abets their commission.
article (38)
1. The owner of a trademark registered in the Kingdom, when filing his civil or criminal lawsuit or during its consideration, may request the court to do the following, provided that his request is accompanied by a bank or cash guarantee accepted by the court:
A. stop infringement.
B. Precautionary seizure of the goods regarding which the infringement was committed, wherever they are.
c. Maintain evidence of infringement.
2. a. The owner of the trademark claimed to have been infringed upon before filing his civil or criminal lawsuit may request the court to take any of the procedures stipulated in Paragraph 1 of this Article without notifying the defendant if he proves that he is the owner of the right to the trademark and that his rights have been infringed or that the infringement has occurred. It has become imminent and is likely to cause irreversible damage if it occurs, or there is fear of evidence disappearing or being destroyed, provided that the requests are accompanied by a bank or cash guarantee accepted by the court. The defendant or the defendant, as the case may be, has the right to object to this decision within eight days from the date of being notified. Our understanding of this decision.
B. If the trademark owner does not file his claim within eight days from the date of the court's response to his request, all procedures taken in this regard shall be deemed null and void.
3. The defendant or the respondent against him may demand fair compensation if it is proven as a result of the lawsuit that the plaintiff is not right in his lawsuit or that he did not register it within the prescribed period.
4. The court may decide to confiscate the goods, packing materials, wrapping materials, advertisements, plates, seals, and other tools and materials mainly used in imprinting the trademark on the goods or in which the infringement action was committed or arose from them. In addition, the court may order their destruction or disposal for non-commercial purposes.
Article (39)
Suppose the registrar has been empowered by this law or any regulation issued under it with an optional power or any other power. In that case, he is not entitled to exercise that power against the interest of the applicant or the registered owner of the trademark without allowing that applicant or the registered owner of the brand to be heard (if The Registrar had been assigned to do so by the rules and within the prescribed period.
Article (40)
1. If the Hashemite Kingdom of Jordan is bound by a bilateral international agreement or accedes to an international treaty that grants mutual protection to trademarks registered with any of them, then any person from the state party to the agreement or treaty may apply to the Registrar to protect his trademark. He shall have the right of priority over those who preceded him in using and Registering this trademark in the Kingdom, provided that his application is filed with the Registrar within six months from the day following the date of applying for its registration with the competent authority in his country. Civil or criminal, prior to the actual date on which his trademark was registered in the Kingdom.
2. The provisions that guarantee the temporary protection of trademarks on goods displayed in national or international exhibitions held in the Kingdom shall be determined by virtue of a regulation issued for this purpose. This does not entail an extension of the priority dates referred to in the previous paragraph.
Article (41)
The application for trademark registration under the previous article shall be submitted in the same way as the regular application under the provisions of this law if an application has previously been submitted for its registration in its country of origin per the rules.
article (42)
International trademark registration:
p style="text-align: justify;"> 1. The registrar shall assume the functions of the Office of origin about receiving the international registration application and the application for the extension of protection internationally in accordance with the provisions and procedures specified in the regulations issued under this law.2. Each person who submits to the Registrar an application for a basic registration or who owns a basic registration may submit to the Registrar in his capacity as the Office of origin an application for an international registration or an application for the extension of protection internationally according to the form approved by the International Bureau, provided that any of the following is available:
A. To be Jordanian.
B. To be a resident in the Kingdom.
c. To be a company or a commercial or industrial establishment with a real and actual presence in the Kingdom.
3. After receiving the international registration application or the international extension of protection application, the registrar shall check the application to ensure that the information is identical to the data of the basic registration application or the data of the basic registration.
4. After the completion of the audit, the Registrar shall send the international registration application or the application for the extension of protection internationally to the International Bureau within sixty days of receiving the application. The date on which the International Bureau received it.
5. The registrant must notify the International Bureau of any restriction, waiver, cancellation or rejection of the basic registration application or the basic registration in respect of which an international registration application was sent for any of the goods or services listed therein, as follows:
a . During the five years following the date of the international registration.
B. After the lapse of the five years following the date of the international registration, provided that the registration, assignment, cancellation or rejection procedures had started before the end of this period.
6. The owner of a trademark registered in the international register under the application for international registration or the application for extension of protection internationally submitted in the Kingdom has the right to submit an application to the registrar or the international Office requesting the renewal of the period of international protection for the trademark in accordance with the procedures stipulated in the system issued for this purpose.
article (43)
Registration of international trademarks in the Kingdom of Jordan:
1. Notwithstanding what was stated in Paragraph (1) of Article (11) of this Law, upon receiving an international application for the extension of protection to the Kingdom, the Registrar shall examine the legality of the registration of the trademark indicated in the application in accordance with the provisions of this Law, taking into account the following:
A. Exempting the application from the formal examination procedures.
p style="text-align: justify;"> B. The provisions of Paragraph (3) of Article (11) of this Law on the request.2. Notwithstanding the provisions of Article (15) of this Law, the date of registration of a trademark resulting from an international application for the extension of protection to the Kingdom is the date of registration of that mark in the international register.
3. After it approves the registration application from the International Bureau, the Registrar shall publish the application data by Article (13) of this Law. The objection provisions outlined in Article (14) of this Law shall apply to the application after publication.
article (44)
1. The Registrar shall, within eighteen months from the date of receiving the international application for the extension of protection to the Kingdom, inform the International Bureau of any of the following:
a . With the decision he issued regarding the application in accordance with the provisions of Paragraph (2) of Article (11) of this Law.
B. The objection submitted to him regarding the registration of that trademark in the Kingdom, and the Registrar, in this case, shall notify the international office of all the objections submitted for the registration of the trademark after the lapse of one month from the end of the objection period specified in this Law.
c. The possibility of submitting an objection to the Registrar after the lapse of eighteen months.
2. If the period stipulated in Paragraph (1) of this Article lapses without the Registrar notifying the International Bureau of any action regarding the application, the mark subject of the application shall be considered registered in accordance with the provisions of this Law.
3. If the Registrar notifies the International Bureau of the existence or possibility of submitting an objection to the registration of the trademark subject of the application in accordance with the provisions of Clauses (b) and (c) of Paragraph (1) of this Article, he may refuse to register that trademark despite the lapse of the period referred to. Referred to in Paragraph (1) of this Article, and in this case, the rejection shall be notified to the International Bureau within a period not exceeding seven months from the date on which the objection period against the trademark subject of the application begins to run into force.
In the event of an appeal against the decision of the Registrar at the Supreme Court of Justice, the Registrar shall notify the International Bureau of the decision issued by the Court with the outcome of the appeal.
Article (45)
1. Notwithstanding the provisions of Article 21 of this Law, the Registrar shall, upon a request from the International Bureau, renew the protection period for the registered trademark that was granted protection under an international application for the extension of protection to the Kingdom.
2. Notwithstanding what was stated in Article (19) and Paragraph (1) of Article (23) of this Law, the Registrar shall make any change that may occur to the data of the trademark owner based on a notification received from the International Bureau.
3. The International Bureau may, within five years from the date of registration in the International Register, notify the Registrar to delete any international trademark registered in the International Register or request the extension of its protection to the Kingdom. The Registrar shall delete the trademark or cancel the procedures regarding the specified items, goods or services or stop all registration procedures That trademark. In the event of deletion or cancellation, the date of deletion or cancellation of that mark from the register is the approved date for deletion of the trademark from the international register.
4. If the Registrar has written off the trademark or suspended its registration procedures in accordance with Paragraph (3) of this Article, the applicant for international registration has the right, within three months from the date of the cancellation or stopping of the procedures, to submit a direct application to the Registrar that includes the registration of a trademark identical to the one that was crossed out or the suspension of the procedures. In this case, the date of submitting the application to the Registrar is the date of submitting the application to the International Bureau.
5. If the Registrar has cancelled a registered trademark in accordance with the provisions of Articles (22) and (24) of this Law and an international application has been submitted to extend protection to the Kingdom in respect thereof, the Registrar shall notify the International Bureau of his decision or the decision of the Supreme Court of Justice.
6. An applicant for international registration or protection extension to the Kingdom may duly inform the Registrar of the name of his agent or representative in the Kingdom.
article (46)
Articles (42), (43), (44) and (45) of this law shall come into effect three months after the Kingdom's accession to the Madrid Protocol.
article (47)
The Registrar may delegate any of his powers stipulated in this law to any of the Ministry's Industrial Property Protection Directorate employees, provided that the authorization is in writing and specifically.
article (48)
All terms and conditions stipulated in this law relating to trademarks that distinguish goods or products shall apply to marks that distinguish services.
article (49)
The Council of Ministers, with the approval of His Majesty the King, may issue from time to time the regulations necessary to implement the provisions of this law in general and in particular for the following purposes:
1. To determine the fees collected in accordance with this law.
2. To classify goods in connection with the registration of trademarks or to request the submission of such images.
3. To organize the office's general work regarding trademarks and all other matters that this law entrusted to the Registrar with monitoring and management.
Article (50)
1. For applications, registration, and other ongoing matters pursuant to this law, fees are collected that are regulated by specific regulations.
2. All fees collected under the system above shall be paid to the Registrar, who shall deliver them to the Ministry of Finance.
article (51)
1. The Jordanian Trademarks Law of 1930 and all its amendments shall be repealed.
2. The Palestinian Trademarks Law No. 35 of 1938 and all its amendments shall be repealed.
3. Any Jordanian or Palestinian legislation issued before enacting this law shall be repealed to the extent that the provisions of such legislation are inconsistent with the provisions of this law.
article (52)
Prime Minister and Minister in charge of implementing the provisions of this law.