How to Conduct a Trademark Search in Jordan: A Practical Guide
Learn how to conduct a comprehensive trademark search in Jordan. Covers official searches, types of searches available, what to look for, interpreting results, and ongoing monitoring strategies.
6/5/20264 min read
Conducting a trademark search is the single most important step you can take before filing a trademark application in Jordan. A comprehensive search reveals whether your proposed mark conflicts with existing registrations, allowing you to make informed decisions before investing in branding and marketing.
For the complete registration process that follows a successful search, see our guide at how to register a trademark in Jordan. To understand what types of marks can be registered, refer to our guide at what can and cannot be trademarked in Jordan.
Why Trademark Searching Is Essential
The consequences of failing to conduct a proper search can be severe. If your mark conflicts with an earlier registration, your application will likely be refused, resulting in wasted filing fees. If you have already launched products under the mark, you may face infringement claims and forced rebranding. In a first-to-file jurisdiction like Jordan, even if you were first to use a mark in commerce, a third party who filed first may have superior rights.
Expert Tip:Never assume your mark is available simply because you have not seen it in the marketplace. Many registered marks are not actively used or are used in channels you may not encounter. The only reliable way to assess availability is through a formal search of official records.
Types of Trademark Searches Available
Several types of searches are available, each offering different levels of comprehensiveness. The official search through the IPPD searches the national trademark register for identical and phonetically similar word marks and visually similar device marks. This is the most common type and provides reliable information about registered and pending marks.
In addition to official searches, professional search services may also include company name searches with the Ministry of Industry and Trade, domain name registrations, social media platforms, and marketplace listings. These reveal unregistered uses that may still pose risks or support claims of acquired distinctiveness or bad faith.
Conducting an Official Search at the IPPD
An official search can be requested by any interested party. The request must include a clear representation of the proposed mark and the relevant class or classes. The IPPD searches its database and provides a report indicating any identical or confusingly similar marks in the searched classes.
The official search covers both registered trademarks and pending applications. Results typically take approximately four working days. The report discloses registration numbers, owners, and status of any conflicting marks, which is invaluable for assessing risk and developing strategies to overcome conflicts.
What to Search For
A comprehensive search should cover more than identical marks. Include phonetically similar marks, which sound similar when pronounced even if spelled differently. This is particularly important in Jordan where Arabic transliterations of foreign marks may create conflicts not apparent in writing.
The search should also cover visually similar marks, particularly for logos. Marks sharing design elements, color schemes, or overall commercial impression may be confusingly similar. Additionally, consider related goods and services, as conflicts can arise between marks on commercially related products even if they are not identical.
For a deeper understanding of what makes marks similar and the legal standards for confusion, see our guide on what can and cannot be trademarked in Jordan and our article on the trademark opposition process in Jordan.
Interpreting Search Results
The presence of a similar mark does not automatically mean refusal. The key question is whether there is a likelihood of confusion in the minds of relevant consumers. This assessment considers multiple factors: similarity of marks, similarity of goods or services, distinctiveness of the prior mark, and channels of trade.
If a potentially conflicting mark is found, several options exist: proceed with a different mark, modify your mark to increase differentiation, proceed and prepare arguments why confusion is unlikely, or negotiate a coexistence agreement with the prior mark's owner. An experienced trademark attorney can help evaluate these options.
Professional Search Services
While basic searches can be conducted independently, professional services offer significant advantages. Experienced trademark attorneys understand mark similarity nuances, know how to design comprehensive searches, and provide informed analysis. They can advise on strategies for addressing conflicts and estimate risk levels.
At Haj Hassan & Associates, we offer comprehensive trademark search services. Learn more about our trademark registration services or contact us to schedule a professional trademark search.
Ongoing Trademark Monitoring
Trademark searching should not be a one-time activity. After registration, ongoing monitoring of new applications alerts you to potentially conflicting marks before they are registered. Early detection allows you to file oppositions within the three-month opposition period, which is far more cost-effective than attempting to cancel a registration after it issues.
For more on the opposition process, see our guide on the trademark opposition process in Jordan. Proactive monitoring is an essential component of any comprehensive brand protection strategy.
Key Takeaways
• A trademark search is the most important pre-filing step.
• Official IPPD searches take approximately 4 working days.
• Search for phonetic, visual, and conceptual similarities, not just identical marks.
• The presence of a similar mark does not automatically prevent registration.
• Ongoing monitoring after registration helps protect your rights long-term.
Related Articles and Resources:
How to Register a Trademark in Jordan
What Can and Cannot Be Trademarked in Jordan
Trademark Opposition Process in Jordan
Understanding Trademark Classes (Nice Classification) in Jordan
Need Expert Help with Your Trademark? Contact Haj Hassan & Associates for professional trademark registration and protection services in Jordan and throughout the MENA region. Visit www.hajhassanlegal.com or reach out through our contact page. Our experienced IP team is ready to guide you through every step of the process.