Latest News: 05-02-2013 (Newsletter Issue 6/13)
Renewals Back to Normal
Renewal applications are no longer placed on hold at the Jordanian Trademark Office. All renewal requests for the month of February and March were kept on file in an attempt to clear the huge backlog of work at the Trademark Office. Now that operations are back to normal, applications for marks that fall due for renewal during the next two months will be renewed without any delay.
Source: Saba & Co. IP – Head Office, Lebanon
03-12-2013 (Newsletter Issue 3/13)
Renewal Stopped for a Month
Effective February 20, 2013, renewal of trademarks is stopped for one month, according to a new regulation drafted by the Intellectual Property Follow-up Department part of the Jordanian Trademark Office.
This new regulation was implemented in order for related parties to work on accumulated applications. This temporary process applies only to new applications. Applications due for renewal within the month will be renewed on their due date.
05-02-2012 (Newsletter Issue 7/12)
Class Headings No Longer Acceptable
The Trademark Office issued an official notification on April 11, 2012 that claiming class headings are no longer acceptable. Applicants will no longer be able to file an application claiming the whole class without specifying the particular goods / services. The actual language of the goods or services specified in the registration will define the parameters of the scope of protection of a registration. This new decision applies to all new applications. As for pending applications, an office action is expected to be issued at the time of examination in case the list of goods/services claimed requires modification. Applicants will be informed accordingly.
05-16-2010 (Newsletter Issue 10/10)
Official Trademark Fees Reduced
The Jordanian Trademark Office announced the reduction of the official fees for all the IP transactions. This decision has been announced after the substantial and sudden increase on the official fees for trademark transactions in Jordan as of December 1, 2009, and due to the drop in number of trademark filings and reactions from IP owners and agents.
The total charges for filing, publication and registration of IP transactions have been reduced by 30%. However, the official fees for the final stage of registration were increased from JD100 to JD300.
The new decision wont affect pending trademark applications filed between December 1, 2009 and May 15, 2010, as all registration fees will remain the same as of the date of filing these applications.
and JAH & Co. IP, Qatar
12-07-2009 (Newsletter Issue 5/09)
Substantial Increase in Official Fees
The official fees for transactions pertaining to trademarks, including filing, registration, opposition, and all legal procedures, were increased in Jordan effective December 1st 2009. The increases range from 100% to 2,500% from their previous figures.
Filing is now JD 500.00 (approx. EUR 474.00 or USD 704.00) for one class, publication fee is JD 50.00 (approx. EUR 47.00 or USD 70.00) and registration fee is JD 100.00 (approx. EUR 95.00 or USD 141.00).
Multi-class application is still not implemented.
Legal basis is the amended Trademarks Law of 1999 that shall be read in conjunction with the original Law No. 33 of 1952, as one law. The latest amendment of the Jordanian Trademark's Law dates 2007.
Trademark protection is obtained by registration.
Nice classification, 10th edition.
Service marks may be registered according to the the 9th edition of the Nice classification in classes 35-45.
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, combinations or shades of colours, the three-dimensional form of a good or its packaging and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks, collective marks, certification marks, trade names and titles of establishment.
The application is filed at the Trademark Office.
According to Jordan Trademarks regulations, a separate application should be filed with respect to each class of goods
Foreign applicants need a local agent.
A power of attorney authenticated by a Jordanian consulate is necessary.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use, or if there is a foreign registration obtained in a country following a substantial examination system.
The processing time from first filing to registration or first office action is approx. 8 to 12 months.
Following the successful examination, the trademark application is published in the Patent Gazette.
The opposition period is 3 months from publication of the trademark application. Foreign opposing parties need a local agent. An opposition against the registration of a trademark should be prosecuted before the Registrar by a lawyer within 3 months as of the date of publication.
The opposition case is referred to the High Court of Justice, if not settled before the Registrar, or if either party appeals the Registrar's decision. In the absence of an opposition, the relevant certificate of registration is issued.
Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
not a member of the Madrid Agreement or Protocol.
A trademark registration is valid for 10 years from the date of application or from the priority date. The registration is renewable for periods of 10 years each. Trademarks that have already been filed or registered before December 1, 1999, will remain valid according to the old law (7 or 14 years). They shall be renewed every 10 years.
The grace period for renewals is 1 year as of the date of expiry.
If the trademark has not been used for a continuous period of at least 3 years immediately preceding an application for cancellation, it is vulnerable to cancellation.
The official filing fee is approx. USD 141.00 (approx. EUR 115.00), publication fee approx. UDS 70.00 (approx. EUR 58.00) and registration fee approx. USD 425.00 (approx. EUR 345.00).
Trademark Licence Agreement
In Jordan a licence agreement has to be in writing. Licensing of unregistered marks is not permitted. A trademark may be licensed for some or all of the goods or services in respect of which the trademark is registered. The sale of a registered trademark does not automatically terminate the licence. There are no statutory provisions prescribing the terms of a licence agreement. There are no specific rules and regulations prescribing the relationship between the licensor and the licensee. General commercial laws and regulations are usually applied in disputes between the parties.
There are provisions in law for the recordal of a licensee. The recordal is voluntary, but a licence will not have any legal effect vis-à-vis third parties unless it is recorded. There is no time frame for a recordal and there is no prescribed form or content for the validity of a licence agreement, but it should contain details of the trademark.
The following documents are required for a recordal:
1. The licence agreement legalised up to a Jordanian Consulate along with an Arabic translation
2. A power of attorney, signed, notarised and legalised up to a Jordanian Consulate
A licence agreement becomes effective and enforceable against third parties upon the application date for the entry of the registered user. Recorded licences are published once in the Official Gazette.
There is an evidentiary presumption that use of a recorded licensee is permitted use. The licensee may join the trademark owner in infringement proceedings only if the licence agreement is recorded with the Trademark Office. The licensee may not call upon the owner to institute infringement proceedings nor institute proceedings in his own name if the proprietor refuses or neglects to do so. The licensee does not need to cite the trademark owner as co-defendant in any such proceedings.
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We would like to thank the following law firms for their assistance in updating the information provided:
Trimark Intellectual Property Consulting, Amman, Jordan
Trimark Intellectual Property Consulting, Amman, Jordan