Trade Marks in Jordan
What is a trade mark?
As a rule, a trade mark is used to identify the goods and/or services of an enterprise. Signs suitable for distinguishing goods and/or services of an enterprise from those of another enterprise can be protected as trade marks. These can be, for example, words, letters, numbers, images, but also colours, holograms, multimedia signs and sounds.
Trade mark protection arises from registration of a trade mark applied for in the Register of DPMA. Trade mark protection may also arise from the level of recognition acquired due to intensive use of asign in trade or by its general reputation.
In addition to the classic individual trade marks, there is also the trade mark category of the certification mark. The certification mark is characterised above all by the fact that, unlike the individual trade mark, its focus is not on the function of indicating origin but on the guarantee function.
1. The system of international registration of marks is governed by two treaties: the Madrid Agreement Concerning the International Registration of Marks, which dates from 1891, and the Protocol Relating to the Madrid Agreement, which was adopted in 1989, entered into force on December 1, 1995, and came into operation on April 1, 1996. Common Regulations under the Agreement and Protocol also came into force on that date. The system is administered by the International Bureau of WIPO, which maintains the International Register and publishes the WIPO Gazette of International Marks.
2. Any State which is a party to the Paris Convention for the Protection of Industrial Property may become a party to the Agreement or the Protocol or both. In addition, an intergovernmental organization may become a party to the Protocol (but not the Agreement) where the following conditions are fulfilled: at least one of the Member States of the organization is a party to the Paris Convention and the organization maintains a regional office for the purposes of registering marks with effect in the territory of the organization.
3. States party to the Agreement and/or the Protocol and organizations party to the Protocol are referred to collectively as Contracting Parties. A list of the Contracting Parties is given on a separate sheet. Together, they constitute the Madrid Union, which is a Special Union under Article 19 of the Paris Convention.
4. Every member of the Madrid Union (list of members available in PDF and HTML formats) is a member of its Assembly. Among the most important tasks of the Assembly are the adoption of the program and budget of the Union and the adoption and modification of the implementing regulations, including the fixing of fees connected with the use of the Madrid system.
THE IMPORTANCE OF TRADE MARK PROTECTION
Trade marks are an asset to a business and can help a business grow.
If your reputation for you or your goods and services is what makes the difference for you, then a trade mark is the best form of defence for your reputation. Don’t think that putting the letters ™ after your name is enough – they might well serve to stop someone from misusing your brand but the sign does not carry any legal weight in a courtroom fight.