- Article 1: Title & Effective Date
- Article 2: Explanation of Terms
- Article 3: The Trademarks Register
- Article 4: Merger of the Existing Register
- Article 5: Inspection of the Register & Obtaining Extracts Thereof
- Article 6: Trademark Registration Applications
- Article 7: Trademarks Eligible for Registration
- Article 8: Marks which may not be Registered as Trademarks
- Article 9: Name or Description of Goods
- Article 10: Regulation of Trademarks
- Article 11: Trademark Registration Application
- Article 12: Disclaimers
- Article 13: Publication of an Application
- Article 14: Opposition to Registration
- Article 15: Registration Date
- Article 16: Non-Completion of Registration
- Article 17: Rival Claims to Identical Trademarks
- Article 18: Concurrent Use of a Trademark
- Article 19: Assignment of Trademarks & Allocation to Partners on the Dissolution of a Partnership
- Article 20: Duration of Registration
- Article 21: Renewal of a Registration
- Article 22: Cancellation of a Trademark for Non-Use
- Article 23: Registration of the Assignment of Trademarks
- Article 24: Incidental Alteration of Registered Trademarks
- Article 25: Amendment of the Register
- Article 26: Rights of the Proprietor of a Trademark
- Article 27: Correction of the Register
- Article 28: Applications for the Insertion in the Register of Entries Relating to Amendment or Substitution of the Classes of Goods
- Article 29: Registration is a Principle Evidence
- Article 30: Trademarks Registered Under Previous Laws & Other Provisions Relating to the Transitional Period
- Article 31: The Registrar's Right to Deliver a Notice of the Procedures for the Rectification Thereof
- Article 32: Certificates of the Register Constitute Evidence
- Article 33: Penalty for Falsely Claiming Registration of a Trademark
- Article 34: Unregistered Trademarks
- Article 35: Infringement Cases
- Article 36: Use of the Name, Place of Business or Description of Goods
- Article 37: Passing-Off Actions
- Article 38: Offences
- Article 39: Confiscation or Destruction of Goods by Court Order
- Article 40: Exercise of Discretionay Powers by the Registrar
- Article 41: Recognition of Trademarks Registered Abroad Upon Adhesion of Jordan to International Conventions
- Article 42: [No title]
- Article 43: Announcement of the States Adhering to International Conventions
- Article 44: Power of the Registrar to Set Down Regulations
- Article 45: Official Fees
- Article 46: Abrogation
- Article 47: [No title]
The Hashemite Kingdom Of Jordan Trademarks Law (Law No.33 For The Year 1952)
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.
In this law the following terms shall have the meanings assigned to them hereinafter unless the context indicates otherwise: -The word "register" shall mean the Trademarks Register. -The word "register" shall mean the Registrar of Trademarks. -The term "trademark" shall mean any mark used or is intended to be used upon
goods or in connection therewith for the purpose of indicating that such goods are those of the proprietor of such trademark by virtue of having manufactured, selected, certified, traded in or offered them for sale.
For the purposes of this law there shall be a register kept under the supervision of a Registrar, to be appointed by the Minister of Commerce, which shall be called the Trademarks Register, wherein shall be entered all registered trademarks, with the names and addresses of the owners, description of their goods, notices of assignments, transfers and transmissions, their relevant conditions and limitations, and all such other matters relating to such trademarks, as he may from time to time prescribe.
The trademarks register existing at the date of the coming into force of the present law shall be merged into, and shall form a complementary part of the register provided for in the preceding Article. Subject to the provisions of Article 30 of this law, the validity of the original entry of any entry, and such trademark shall retain its original date, but for all other purposes it shall be deemed to be a trademark registered under this law.
The register kept under this law shall at all convenient times be open to inspection by the public, subject to such regulations as may be prescribed. A certified copy of any entry in such register shall be given to any person requesting the same after payment of the prescribed fee.
A person desiring to have the exclusive use of a trademark for distinguishing goods of his own production, manufacture, selection, or in respect of which he issued a certificate, or goods in which he trades or intends to trade, may apply for the registration of such trademark in accordance with the provisions of this law.
The following may not be registered as trademarks Where the name or description of any goods is incorporated in a trademark, the registrar may refuse to register such mark in respect of any goods other than the goods so named or described. Where the trademark incorporates the name or descriptidn of any goods which varies in use, the registrar may permit the registration of the mark incorporating the name or description in respect of goods other than those named or described and even the applicant points out in his applicantion that a difference in the name or description exists.
Where any association or person undertakes to certify the origin, material, mode or manufacture, quality, accuracy or other characteristics of any goods by using a mark upon such goods, the registrar may, if he is satisfied that such association or person is competent to certify as aforesaid, or if he is of the opinion that registration of the trademark will be in the public interest, permit such association or person to register such mark as a trademark in respect of such goods, whether or not such association or person is a trading association or trades or possesses a commercial goodwill which renders him the right to effect certification. When so registered, such trademark shall be achieved in all respects to be a registered trademark of such association or person, save that such trademark may not be assigned or transferred without the permission of the register.
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 register, 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 trademark in respect of which the disclaimer is made.
When accepting an application for the registration of a trademark, whether such acceptance be absolute or subject to conditions or limitations, the registrar shall, as soon as possible after such acceptance, cause the application in the manner in which it has been accepted to be published in the prescribed manner. Such publication shall include all the conditions and limitations subject to which the application has been accepted.
such action in the prescribed manner, to withdraw his application without payment of the costs incurred by the opponent.
7. When examining any appeal made under this article, the high court of justice may, after hearing the registrar, permit the applied trademark to be modified in any manner not substantially affecting the identity of such trademark. In such a case, the trademark so modified shall be published in the prescribed manner before being registered.
\\There the registration of a trademark is not completed within twelve months from the date of application by reason of default on the part of the applicant, the registrar may, after giving notice of the non-completion to the applicant in writing in the prescribed manner, treat the application as abandoned unless completed within the time specified by the registrar in that notice.
Where separate applications are made by different persons to be registered as proprietors respectively of trademarks which are identical or closely resemble each other, in respect of the same goods or description of goods, the registrar may refuse to register any of such persons until their rights in respect of such trademarks have been established either.
i) by reaching between themselves an agreement which meets with the approval of the registrars, or ii) by the high court of justice to whom the registrars shall refer the dispute in the absence of such agreement.
Article (19) Assignment Of Trademarks & Allocation To Partners On The Dissolution Of A Palinership
1. A trademark may be assigned and transferred after registration only with the
. goodwill of the business concerned in connection with the goods for which it has
been registered and shall be determinable with that goodwill.
2. In the event a person ceases to carry on business through any cause, whether by reason of dissolution of the partnership formed with others, or for other causes, and the goodwill of such person does not pass to one successor, but is divided among several persons, the registrar may, upon the request of the parties concerned, permit an allocation of the registered trademarks of that person to the persons actually continuing the business, subject to such limitations, conditions and modifications, as he may think necessary in the public interest. Any decision of the registrar under this paragraph may be appealed to the high court of justice.
The duration of titIe to trademark rights shall be seven years as from the registration date. The registration of a trademark may be renewed from time to time in accordance with the provisions of this law, provided that the provisions of this Article shall, in so far as the duration is concerned, apply to applications made subsequent to the enactment of this law, and shall not apply to any trademark registered under any previous law.
the two years immediately preceding its removal, or
b) It is unlikely that deception or confusion may arise from the use of the trademark which is the subject of the application for registration by reason of any previous use of the trademark which has been removed.
l.Without prejudice to the generality of the provisions of Article (25) of this law, application for the cancellation of the registration of a trademark may be made by any interested person, on the grounds that there was no bona fide to use of the trademark in connection with the goods for which it is registered, and that there has in fact been no real use of the trademark in connection with the goods for which it is registered, or that there had not been any such user during the two years immediately preceding the application for cancellation, unless in either case such non-user is proved to be due to special circumstances in the trade, and not to any intention not to use or to abandon such trademark in respect of such goods for which it is registered. Having regard to the provisions of this law: Subject to any limitations and conditions entered in the register, the registration of a person as proprietor of a trademark shall, if valid, entitle such person to the exclusive use of such trademark upon or in connection with the goods in respect of which it is registered, provided always that where two or more persons are registered proprietors of the same trademark, or substantially the same, neither shall have the right to use it exclusively under such registration, except to the extent where their respective rights shall have been defended by the registrar or by the high court of justice. Otherwise, each of these persons shall have the same rights as if he was the sole registered proprietor of such trademark.
The registrars may on the strength of a request made in the prescribed manner by the registrant: Article (28) Applications For The Insertion In The Register Of Entries Relating To Amendment Or Substitution Of The Classes Of Goods The registration of a person as the proprietor of a trademark shall in all legal proceedings relating to the registration constitute evidence of the validity of the original registration of such trademark and all subsequent assignments and transfers of the trademark.
Article (30) Trademarks Registered Under Previous Laws & Other Provisions Relating To The Transitional Period
No trademark which is entered in the register at the commencement of this law and which under the present law is a registrable trademark, shall be removed or struck off the register on the mere grounds that it was not registrable under the laws in force at the date of its registration. But there is no provision in this Article which shall subject any person to any liability as a result of any act or thing done before the enforcement of this law to which he would not have been subject under the law then in force.
Article (31) The Registrar's Right To Deliver A Notice Of The Procedures For The '
Rectification Thereof
In any legal proceedings for the purpose of alteration or rectification of the' register, the Registrar may appear before the court and express his point of view, and shall appear before the court if so directed. Unless the court sees otherwise, the registrar may in lieu of appearing in person submit to the court a statement in writing signed by him and including what he considers relevant details of the proceedings effected before him in relation to the disputed matter or of the grounds on the basis of which he issued his decision in respect of such case, or of the practice followed by the office in similar cases, or such other matters affecting the case which are within his knowledge in his capacity as the registrar. Such a statement shall be deemed to from part of the evidence in the proceedings.
A certificate purporting to be under the hand of the registrar as to any entry, the matter or thing which he is authorized by the provisions of this law or any regulations made thereunder to make or do, shall be prima facie evidence of the entry having been made and of the contents thereof, and of the matter or thing having been done or not done.
No person may institute any proceedings to claim damages for infringement of a trademark not registered in the Hashemite Kingdom of Jordan; but a person may institute proceedings to annul the registration of a trademark registered in the Hashemite Kingdom of Jordan by a person who is not the proprietor thereof, after such a trademark has been registered abroad, if the grounds of his claim are those stated in paragraphs 6, 7 and 10 of Article (8) of this law.
The court examining cases of infringement of trademarks shall accept certificates on current commercial transactions in respect to the process of manufacturing the goods for which the trademark is registered, and any trademark or manufacturing process legitimately used in connection with such goods by other persons.
A registration effected under this law shall not prevent any genuine use by a person of his own name or place of business, or that of any of his predecessors in business, or the use of any genuine description of the type and class of his goods.
The provisions of this law include nothing which may affect the right to initiate a
legal action against any person for the distribution of goods considering them to be as
those of another person, or in safeguarding the rights of the wonder of the goods.
Any person who with the intention to deceive, commits or attempts to commit or aids
or incites any other person in committing any of the following acts shall be liable upon conviction to imprisonment for a period not exceeding one year or to a fine not exceeding one hundred Dinars, or to both such penalties. S. Makes or causes to be made a false entry in the register kept under this law, or makes or causes to be made any written instrument falsely purporting to be a copy of any entry in that register, or produces or tenders or causes such instrument to be produced or tendered by way of supporting evidence, knowing that the entry or instrument is false.
Article (39) Confiscation Or Destruction Of Goods By Court Order The court prosecuting
any person charged under the last preceding Article, may order confiscation or destruction of all goods, wrapping, packaging and advertising materials, plates, wooden or metal blocks, seals and other apparatus used for printing the mark or packaging, wrapping, advertising or other materials in respect of which the offence
has been committed.
Article (40) Exercise Of Discretionary Powers By The Registrar
Where any discretionary or other power is given to the registrar in accordance with this law or the regulations made hereunder, he shall not exercise that power adversely to the interests of the applicant for registration or the registered proprietor of the trademark in question, without giving such applicant or registered proprietor an opportunity of being heard, if the registrar is duly required to do so and within the prescribed time.
Article (41) Recognition Of Trademarks Registered Abroad Upon Adhesion Of Jordan To International Conventions
1. If the government of the Hashemite Kingdom of Jordan at any time enters into an international convention for mutual protection of trademarks, then any person who has applied for protection of his trademark in any other country, which is a party to that convention, shall be entitled to register as trademark under this law and shall have priority to other applicants. The registration date shall be the same date or registration in that country, provided that: a) The application is made within six months from the date of application for
protection in the foreign country concerned, and
b) There is nothing in this Article which shall entitle the proprietor of a trademark to claim damages for any infringement on his trademark which took place prior to the actual date on which his trademark was registered in the Hashemite Kingdom of Jordan.
2. The registration of a traemark shall not be invalidated by the mere reason of using such mark in the Hashemite Kingdom of Jordan during the period within which this Article stipulates that the application should be made.
An application for the registration of a trademark under the last preceding Article shall be made in the same manner as for an ordinary application under this law, provided that an application for the registration of the mark has already been duly made in the county of origin.
The provisions of Articles (41) and (42) of this law shall apply in the case of those foreign states to which the government of Jordan by a decision of the council of ministers declares them to be applicable.
The council of ministers may from time to time and with the approval of His Majesty the King set down the regulations which are necessary for the carrying into effect of this law in general and the following objectives in particular: The Prime Minister, the Minister of commerce and the minister of justice are hereby
charged with the enforcement of this law. Article (1) Title & Effective Date
Article (2) Explanation Of Terms
Article (3) The Trademarks Register
Article (4) Merger Of The Existing Register
Article (5) Inspection Of The Register & Obtaining Extracts Thereof
Article (6) Trademark Registration Applications
Article (7) Trademarks Eligible For Registration
Article (8) Marks Which May Not Be Registered As Trademarks
Article (9) Name Or Description Of Goods
Article (10) Regulation Of Trademarks
Article (11) Trademark Registration Application
Article (12) Disclaimers
Article (13) Publication Of An Application
Article (14) Opposition To Registration
Article (15) Registration Date
Article (16) N on-Completion Of Registration
Article (17) Rival Claims To Identical Trademarks
Article (18) Concurrent Use Of A Trademark
Article (20) Duration Of Registration
Article (21) Renewal Of A Registration
Article (22) Cancellation Of A Trademark For Non-Use
Article (23) Registration Of The Assignment Of Trademarks
Article (24) Incidental Alteration Of Registered Trademarks
Article (25) Amendment Of The Register
Article (26) Rights Of The Proprietor Of A Trademark
Article (27) Correction Of The Register
Article (29) Registration Is A Principal Evidence
Article (32) Certificates Of The Register Constitute Evidence
Article (33) Penalty For Falsely Claiming Registration Of A Trademark
Article (34) Unregistered Trademarks
Article (35) Infringement Cases
Article (36) Use Of The Name, Place Of Business Or Description Of Goods
Article (37) Passing-Off Actions
Article (38) Offences
Article (43) Announcement Of The States Adhering To International Conventions
Article (44) Power Of The Registrar To Set Down Regulations.
Article (45) Official Fees
Article (46) Abrogation
Article (47)