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Law No. 34 of 1999 on Amendments to the Law on Trademarks

 Law No. 34 of 1999 on Amendments to the Law on Trademarks

Law No. 34 of 1999 on Amendments to the Law on Trademarks

ARTICLE (1}

This Law shall be known as (The Law Amending The Trademarks Law For The Year 1999), and shall be read in conjunction with the Law No. (33) For The Year 1952, referred to hereinafter as the Original Law, as one Law. This Law shall come into force thirty days after the date of its publication in the Official Gazette.

ARTICLE (2)

Article (2) of the Original Law shall be repealed and replaced with the following text:

Article (2)

The following words and phrases, wherever mentioned in this Law shall have the meanings designated hereunder, unless otherwise indicated by context:

Ministry

Minister

Registrar

Register

Trade Mark

Ministry of Industry and Trade.

Minister of Industry and Trade.

The Trademarks Registrar.

The Trade Marks Register.

Any clear sign, used or shall be used, by any person to distinguish his goods, products or services from the goods, products, or services of others.

Well-Known Trademark:

The trademark with an international reputation, which reputation exceeds the original country where it is registered, and is known to the relevant sector of the public in the Hashemite Kingdom of Jordan.

Collective Trademark:

The trademark used by a juridical person to certify that the source of goods, the materials it is produced from, its quality, the method of its production, the accuracy applied in its manufacture, or any other distinctions or characteristics for those goods, are not manufactured by the said person.

ARTICLE (10)

Article (22) of the Original Law shall be repealed and replaced with the following text:

Article (22)

1. Subject to Article (26) of this Law, any person with an interest, may request from the Registrar to cancel the registration of any trademark registered under the name of another, if the latter did not actually use the trademark for three consecutive years preceding the request, unless the trademark owner proves that non-use was due to special commercial circumstances or to valid reasons that prevented its use.

2. The use of a registered trademark by others with the authorizatiqn of its owner is considered as use for the continuation of its registration according to the provisions of paragraph (1) of this Article.

3. The Registrar, before issuing his decision regarding the request for cancellation, shall allow the disputing parties to place their pleadings. The Registrar's decision may be subject to appeal to the High Court of Justice.

ARTICLE (11)

Article (26) of the Original Law shall be repealed and replaced with the following text:

Article (26)

1.A. The owner of a legally registered trademark shall have an exclusive right to use such trademark. He shall also have the right to prevent others not having his prior consent from using identical or similar trademarks to those in respect of which the trademark is registered, where such use would result in a likelihood of confusion. In case of the use of an identical trademark for identical goods, a likelihood of confusion shall be presumed.

B. The owner of a well known trademark, even if not registered, may petition the competent court to prevent others from using such mark on identical products or services, or non identical products or services provided that the use of such trademark would indicate a connection between those products or services and those of the well-known trademark, and that the interests of the trademark owner are likely to be damaged as a result of such use. In case of the use of an identical trademark for identical products, a likelihood of confusion shall be presumed.

C. Where two persons or more are the registered owners of one trademark (or a mark very similar thereto) for the same products, none of them shall have the right to use such mark individually according to the registration (except to the extent determined by the Registrar or by

ARTICLE (17)

Article (47) of the Original Law shall be repealed and replaced with the following text:

Article (47)

The Prime Minister and the Ministers shall be responsible for implementing the provisions of this Law.