Law No. 34 for 1999 (Amendment of Trademark Law)

Registration Duration: 10 years

Renewal Duration: 10 years (as of December 1^st, 1999)

Trademark Requirements:

• A power of attorney duly notarized and legalized up to the Jordanian Consulate.
• A certified copy of the priority document (in case priority is to be claimed).

It is permitted to file trademark applications and obtain official filing receipt with temporary filing number which will be final upon acceptance and fixed filing date without the legalized power of attorney which can be submitted within 3 months from filing date which also not applied strictly; however when an application is examined where the legalized power of attorney is not submitted the trademarks examiner will issue an office action requesting the legalized power of attorney and giving a one month time to submit the same which can be extended for three times of a month each at the cost of USD 75 per month.

Document 2 should be filed within 3 months from filing date.

Search by proprietor name is permitted.

Time frame from filing a trademark application up to registration, on average, in the normal course of action; i.e. in case that no office action is raised by the trademark registrar or oppositions are lodged by third parties:

Filing up to Examination : 5-6 months

Examination up to Publication : 3 months

Opposition Period : 3 months from publication date

End of Opposition Period up to Issuance of Registration Certificate : 1-2 months

Total Estimated Time Frame : 12-14 months

Classification:
The International Classification of Goods and Services (10th Edition) is followed. A separate application is required for each class.

Renewal Requirements:

Power of attorney duly notarized and legalized up to the Jordanian Consulate which should be submitted with the renewal application on the time of payment of the renewal fees.

Note: renewal can be filed in the last month of validity.

Time frame from filing a trademark renewal application up till issuance of the renewal certificate:

Filing up to Examination : 1 day

Examination up to Publication if exits : No specific time as renewal publication varies

Publication to Issuance of Renewal Certificate : Renewal certificate can be obtained on the same day of filing

Total Estimated Time Frame : 1 day

Opposition:
Trademark applications accepted by the Registrar are published in the Official Gazette. Oppositions may be filed within 3 months from publication date.

Extension of Time:
Extension of time for oppositions/counter-oppositions or for responding to office actions is possible.

Protection Term:
Trademark registrations are valid for 10 years from filing date or from priority date if priority is claimed, and are renewable for like periods. There is a grace period of 1 year for late renewals without payment of a surcharge.

Use Requirements:
Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 3 consecutive years preceding date of filing for cancellation.

Search:
An official search may be conducted for word marks and devices. It takes approximately 4 working days for the results to be available. A separate application is required for search in each class. The search report discloses similar and/or identical trademarks.

Assignment:
Trademark registrations may be assigned with or without the goodwill of the business concerned.
Documents required: Power of attorney from the assignee, legalized; and deed of assignment, legalized.

Further, in relation to the recordal of assignment of a trademark registration, both parties should submit a certified copy of their Company’s Commercial Register, and the date of issuance the same should not exceed one week prior filing the recordal of assignment with the Jordanian Trademarks Office. Arabic translation of all non-Arabic documents certified by the notary public locally.

Time frame needed for completing the recordal of an assignment/merger recordal:

Filing up to Examination : 1 day

Examination up to Publication : No specific time as publication varies

Publication to Issuance of Certificate Recordal : certificate can be obtained on the same day of filing

Total Estimated Time Frame : On the same day of filing

Change of Name/Address:

A change of name/address may be recorded for trademark registrations only.
Documents required: Power of attorney, legalized; and certificate of change of name, legalized. For a change of address, only a legalized power of attorney showing the new address is required.

Time frame needed for completing a change of name and/or address recordal:

Filing up to Examination : 1 day

Examination up to Publication if exits : No specific time as publication varies

Publication to Issuance of Certificate of change and/or name Recordal : certificate can be obtained on the same day of filing

Total Estimated Time Frame : 1 day

Licensing:
License recordal is not compulsory but advisable in order to be effective against third parties.
Documents required: Power of attorney, legalized; and license agreement, legalized.

Time frame needed for completing a registered user/license agreement from submitting the recordal application till issuance of the user/license agreement certificate:

Filing up to Examination : 1 day

Examination up to Publication : No specific time as publication varies

Total Estimated Time Frame till issuance of the user/license agreement certificate :2- 3 days

Merger:
A merger may be recorded for trademark registrations only.
Documents required: Power of attorney, legalized; and certificate of merger, legalized.

The Power of Attorney to be submitted for the assignment, license or pledge of trademark should be newly drafted (no more than one year old); unless the assignor and assignee agree on a shorter period and should contain giving the right to proceed with the assignment.

Time frame needed for completing the recordal of an assignment/merger recordal:

Filing up to Examination : 1 day

Examination up to Publication : No specific time as publication varies

Publication to Issuance of Certificate Recordal : certificate can be obtained on the same day of filing

Total Estimated Time Frame : On the same day of filing

Marking:
Marking is not compulsory.

Cancellation:
A trademark is subject to cancellation by any interested party within 5 years from registration date.

Registration Time Frame:
The time frame for completing the registration process is 10 to 12 months.

Registration Process:

Once a trademark application is filed it is examined by the Trademark office within 45 days from filing date against prior applications and registrations. If no prior rights are available, an official filing receipt (primary Approval) will be issued and a filing number will be granted; otherwise, the Trademark Office might request modifications or clarifications.

The application will be published in the official gazette within six months after the primary approval is granted. If no opposition is filed against the said trademark application within three months from publication date, the final certificate of registration will be issued and trademark will therefore be protected for 10 years renewable for similar terms.

Accordingly the whole process from filing to registration might take up to 12 months.

Registration of trademarks with Customs Directorate:

Registration of trademarks a customs duty directorate was available since 1999 and must be recorded at the head office located in Amman. The said registration covers all country entries by air, port and borders including Aqaba Special Economic Zone. The registration is effected in accordance with the Customs and Copyright Laws. Once registration is made the Customs will act on their own to search for counterfeit goods in case of well-known marks; otherwise they need “prior information to act”.

Additional TIME FRAMES

Time frame required for preparing and filing an opposition or counterstatement with the Trademarks Office and follow up its proceedings till final settlement: 2-3 Years

Time frame required for preparing and filing a lawsuit of any type such as infringement or cancellation action and follow up its proceedings till final settlement:. 2-3 Years

Time frame required for filing an appeal with the trademarks registrar or court as applicable regarding an opposition action, counterstatement or rejection: 7-12 Months

Patent Requirements:

Power of attorney duly notarized and legalized up to the Jordanian Consulate.

Patent Form 4 legalized up to the Jordanian Consulate.

Certified copy of the home letters patent.

Three copies of specifications, claims and drawings in English with Arabic translation thereof.

Abstract of about 200 words in English with Arabic translation thereof.

Certified copy of certificate of incorporation or extract from the commercial register for the applicant(s).

Certified copy of priority document in case priority is to be claimed

Disclosers and Novelty requirements:

Any patent application should be filed within 12 months from the date of absolute disclosure regardless of date of filing in any country in order to be accepted.

Annuities: are to be paid after issuance of letters patent, calculated from the date of filing or priority. A grace period of six months.

Note: As of the beginning of 2009, the PO issued an internal memo in which it started to calculate the annuities as of the filing date, regardless of priority, retroactively. This will be calculated at the time of filing the application for payment of the annuities that are due.

Nominal working:

Working of patents is requirement by Law within 3 years from the date of grant. Failing to do so, it will become subject to compulsory licensing.

It is possible to meet this requirement by publishing a notice in a daily newspaper, attracting any interested party to exploit the patent; this can be done every 2 years.

Design Requirements:

Power of attorney duly notarized and legalized up to the Jordanian Consulate.

Three sets of specimens or representations of the design.

The article(s) covered by the design and the material used in producing these items.

A description of the design pointing out its novel aspects

Extract from the commercial register legalized.

Declaration of ownership if the designer is different from the applicant.

Certified copy of priority document if claimed.

According to the new design law, which became effective in May 2000, no annuities or maintenance fees are to be paid on new design applications; all registration fees are paid in full upon filing the application.

A design registration is valid for fifteen years starting as from the date of filing the application or from the priority date. There is no provision in the current Design Law of Jordan for compulsory working with respect to designs.

The design is protected for 15 years,

Design Law No. 14 for the year 2000 effective as of 24 February 2000.

Design assignment requirements:

Power of attorney legalized by the assignee.

Deed of assignment legalized.

Time to complete assignment 7 working days.

Design change of name

Power of attorney legalized in the new name or address.

Certificate of change of name/ address legalized up to Jordan Consulate

Time to complete recordal 7 working days.

Design change of address:

Power of attorney legalized in the new name or address.

Certificate copy of change of address

Time to complete recordal 7 working days.

Annuities: are not required to be paid, as filing, publication, registration and annuity fees are paid at the time of filing.

FILING REQUIREMENTS

Note: Copyright owners from countries that are party to the Berne Convention do not require registration.

For written material
1. A Power of Attorney notarized and legalized up to the Jordanian Consulate.
2. Four copies of the work.

For other copyrightable works
1. A Power of Attorney notarized and legalized up to the Jordanian Consulate.
2. Two copies of the work.

Note: A copyright application can be filed only, if one of the following conditions is met:

1. The applicant is Jordanian.
2. The work is created by a resident in Jordan and is to be published and distributed in Jordan.
3. The subject of the work is related to Jordan.

SEARCH REQUIREMENTS

1. A Power of Attorney notarized and legalized up to the Jordanian Consulate.
2. Copyright Title & Full Material.