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Trademark rights in Aqaba are governed by Jordanian national law, which applies across the Hashemite Kingdom including the Aqaba Special Economic Zone. A trademark is any sign capable of distinguishing the goods or services of one undertaking from those of others. Registering a trademark in Jordan gives the owner exclusive rights to use the mark for the registered goods or services and to stop others from using confusingly similar marks within Jordanian territory.
Registration is obtained through the national trademark office under the Ministry of Industry, Trade and Supply. While local bodies in Aqaba can assist investors and businesses with licensing and commercial setup, trademark protection itself is regulated at the national level and enforced through Jordanian courts and administrative mechanisms.
Trademark matters can be straightforward but often raise complex legal and strategic questions. You may need a lawyer when:
- You want to conduct a comprehensive clearance search and risk assessment before adopting or investing in a mark.
- You are preparing and filing a trademark application and want to ensure proper description of goods and services and correct class selection under the Nice Classification.
- Your application faces an objection from the trademark office on absolute or relative grounds, or a third party files an opposition.
- You need to enforce your rights against infringers, counterfeiters, or unauthorized users, including preparing cease-and-desist letters, negotiating settlements, or initiating court proceedings.
- You need to record assignments, license agreements, or changes of ownership, or you plan to franchise or license your mark.
- You want to record your trademark with customs authorities to help prevent importation of counterfeit goods into Jordan.
- You are a foreign owner seeking to protect a mark in Jordan, including by filing directly or via international systems where available, and need advice on strategy and local representation.
Key features of Jordanian trademark law and practice that are particularly relevant in Aqaba include:
- National framework: Trademark protection in Aqaba is secured under Jordanian trademark law and administered by the Industrial Property Protection Directorate within the Ministry of Industry, Trade and Supply. Protection is territorial and covers the whole kingdom.
- Registration requirement: Registered trademarks receive strong, presumptive exclusive rights. Although some protections against passing-off or unfair competition may exist for unregistered marks, registration is the most reliable way to secure enforceable rights.
- Examination and publication: Applications are examined for formal and substantive requirements, and accepted applications are published to allow third parties to oppose registration during a prescribed opposition period.
- Duration and renewal: Registered trademarks generally receive protection for 10 years from the filing or registration date and can be renewed for additional 10-year periods by paying renewal fees.
- Non-use challenges: Marks can be vulnerable to cancellation for non-use if not genuinely used for a continuous period set by law. It is common for jurisdictions to allow revocation actions after a few years of non-use, so active use and record-keeping are important.
- Enforcement options: Enforcement can be civil and, in many cases, criminal. Remedies may include injunctions, damages or account of profits, seizure and destruction of infringing goods, and criminal penalties for counterfeiting. Customs enforcement and seizure at the border are available where rights are recorded with customs.
- International considerations: Jordan participates in international intellectual property frameworks and cooperates with WIPO. International filing routes and treaties may affect strategy for foreign applicants, but national registration remains key to protection inside Jordan.
- Aqaba specifics: Businesses in the Aqaba Special Economic Zone should be aware that commercial support, investor services, and licensing matters may be handled or facilitated by Aqaba authorities, but trademark applications and legal protection are managed under national law. Local business setup advice from Aqaba authorities can complement national trademark strategy.
To register a trademark you typically conduct a clearance search, prepare an application that specifies the mark and the class or classes of goods and services, and file with the national trademark office. The application is examined, published for opposition, and if no successful opposition is raised and formalities are satisfied, it proceeds to registration. Many applicants in Aqaba use a local lawyer or agent to prepare and file the application on their behalf.
Timelines vary depending on workload, objections and oppositions. A straightforward application that faces no objections or opposition can often be registered within about 12 to 18 months. If the application meets objections or is opposed, the process can take longer.
Registered trademarks are generally protected for 10 years from the registration date and can be renewed for successive 10-year periods by paying the required renewal fees before the expiry date. Late renewal provisions may exist but are usually subject to additional fees and conditions.
Yes. Foreign individuals and companies can apply for trademark protection in Jordan. Foreign applicants often appoint a local agent or attorney for filing and prosecution. International treaties and bilateral agreements may affect procedures for nationals of treaty countries, but national registration gives protection within Jordan.
Document the infringement and preserve evidence. Contact a lawyer to evaluate the strength of your rights and to consider options such as sending a cease-and-desist letter, negotiating a settlement or license, recording rights with customs if imports are involved, or initiating civil or criminal enforcement actions. Acting promptly helps prevent further damage to your mark.
Use is important. Trademarks that are not genuinely used for a statutory continuous period may be vulnerable to cancellation for non-use. Owners should keep records of use, including invoices, marketing materials and distribution information, to support the continued validity of the registration if required.
Registered trademarks provide clear, presumptive exclusive rights and make enforcement simpler. Unregistered marks may be protected through unfair competition or passing-off actions, but proving rights and damages can be harder and more costly. Registration is the recommended way to secure enforceable rights.
Yes. Trademarks are transferable and can be licensed. Assignments and license agreements should be made in writing and are commonly recorded with the trademark office to keep public records up to date and to preserve enforceability against third parties.
Record your trademark with Jordanian customs authorities if available, so customs can be alerted to potential imports of counterfeit goods. Work with a lawyer to prepare documentation and to coordinate with customs officials. Civil and criminal actions may also be available against counterfeiters and importers.
Costs include official filing and publication fees, fees for professional agents or lawyers, and potential additional costs for responding to objections, handling oppositions, enforcement actions or litigation. Enforcement costs can vary widely depending on complexity. A lawyer can provide a cost estimate tailored to your case and strategy.
Organizations and bodies that can be helpful if you need trademark advice or assistance in Aqaba include:
- The Ministry of Industry, Trade and Supply - Industrial Property Protection Directorate for filing and administration of trademarks.
- Aqaba Special Economic Zone Authority for investor support, local business licensing and guidance relevant to operating in Aqaba.
- Jordanian Customs for recordation and enforcement against counterfeit imports.
- Jordanian courts and public prosecutors for civil and criminal enforcement options.
- Jordan Bar Association to help locate licensed local attorneys experienced in intellectual property and commercial law.
- World Intellectual Property Organization for general international IP guidance and resources.
- Local chambers of commerce and business associations for practical commercial guidance and potential referrals.
If you need legal assistance with a trademark issue in Aqaba, consider the following steps:
- Gather key information: the mark you want to protect, a list of goods or services, dates of first use, samples of use, and any prior registrations or applications.
- Conduct a preliminary clearance search to identify potential conflicts and evaluate the strength of your proposed mark. A lawyer or specialized agent can perform a more comprehensive search.
- Consult a qualified local trademark attorney to discuss filing strategy, the appropriate classes under the Nice Classification, and the risks of potential objections or oppositions.
- File the application with the national trademark office, or engage a lawyer to file and manage prosecution on your behalf.
- Monitor publication, third-party activity and renewals. Set reminders for renewal deadlines and maintain records of use to support the mark against non-use challenges.
- If you face infringement, collect evidence and contact counsel promptly to explore enforcement and remedial options, including cease-and-desist letters, customs recordation, settlement negotiations or court action.
Working with a local lawyer experienced in Jordanian trademark practice will help you navigate procedural requirements and build a practical protection and enforcement plan tailored to your business in Aqaba.
