Trademark Infringement and Enforcement in Jordan: Protecting Your Brand Rights
Learn about trademark infringement in Jordan, including civil remedies, criminal enforcement against counterfeiting, border protection, damages calculation, and practical enforcement strategies.
6/5/20263 min read
Trademark registration is only the beginning of brand protection. The true value of your trademark emerges when you actively enforce it against unauthorized use. Jordan provides several legal mechanisms for enforcement, from administrative complaints to civil litigation and criminal prosecution.
For the basics of obtaining registration, see our guide at how to register a trademark in Jordan. To ensure your registration remains valid, see our renewal guide at trademark renewal in Jordan.
What Constitutes Trademark Infringement in Jordan?
Under the Jordanian Trademarks Law, infringement occurs when a person uses in the course of trade a sign identical or confusingly similar to a registered trademark, in relation to identical or similar goods or services, where such use is likely to cause confusion. Infringement can take many forms: counterfeit products, unauthorized use of similar marks, use in domain names, and importation of infringing goods.
Direct infringement involves actual use of a confusingly similar mark. Indirect or contributory infringement occurs when a party knowingly facilitates infringement, such as by providing materials for counterfeit production. The Jordanian courts have developed case law guiding the application of the law in specific circumstances.
Civil Remedies for Trademark Infringement
The primary civil remedy is a lawsuit seeking an injunction to stop the infringing activity. The trademark owner can also claim damages for losses suffered, an order for destruction or surrender of infringing goods, and in appropriate cases, publication of the judgment at the infringer's expense.
To succeed, the owner must prove a valid trademark registration, the defendant's use of an identical or confusingly similar sign, use in the course of trade in relation to identical or similar goods or services, and likelihood of confusion. Evidence of actual confusion is helpful but not strictly required.
Expert Tip:Documentary evidence is critical in infringement cases. Maintain records of your registration, samples of infringing products, advertising materials, sales data, and correspondence with the infringer. Photographs, purchase receipts, and expert testimony strengthen your case.
Criminal Enforcement Against Counterfeiting
Jordan provides criminal penalties for trademark violations, particularly counterfeiting. Anyone who knowingly forges a registered trademark, affixes a forged mark to goods, or sells goods bearing a forged trademark may face imprisonment and fines. Criminal enforcement is effective against large-scale operations and serves as a strong deterrent.
Criminal cases are initiated by filing a complaint with the Public Prosecutor or police. Law enforcement may conduct raids on premises where counterfeit goods are manufactured, stored, or sold, and may seize products and production equipment. The criminal route offers government-led investigation, reducing the burden on the trademark owner.
Border Enforcement and Customs Protection
Jordan's Customs Department plays an important role in enforcement at the border. Trademark owners can record registered marks with Customs to enable interception of counterfeit goods at points of entry. When Customs identifies potentially infringing goods, they may suspend clearance and notify the trademark owner.
To record a trademark, submit a request with a copy of the registration certificate and a description of genuine goods. Recordal is typically valid for one year and renewable. Border enforcement is particularly valuable for protecting against importation of counterfeit products.
Calculating Damages
When infringement is established, the court may award damages based on: actual losses suffered by the plaintiff, profits earned by the infringer, or a reasonable royalty that would have been paid for a license. The choice depends on available evidence. The court may also award additional damages for willful infringement or bad faith conduct.
Practical Enforcement Strategies
Effective enforcement requires a proactive approach. Monitor the marketplace for unauthorized use, including physical markets, online platforms, and social media. Document any infringing activity thoroughly. Consider sending cease and desist letters before initiating formal proceedings, as many infringers comply when confronted with evidence.
For persistent infringers, formal legal action may be necessary. Work with an experienced IP attorney to develop a strategy considering the nature of infringement, infringer resources, available evidence, and your business objectives. The goal is to stop infringement efficiently while managing costs.
Alternative Dispute Resolution
Some disputes can be resolved through negotiation, mediation, or arbitration rather than litigation. Alternative dispute resolution can be faster, less expensive, and less adversarial. It allows parties to craft creative solutions like coexistence agreements, licensing arrangements, or transitional rebranding periods that may not be available through litigation.
At Haj Hassan & Associates, we have extensive experience in trademark enforcement across all available mechanisms in Jordan. Learn more about our trademark services or contact our team for assistance with protecting your brand.
Key Takeaways
• Civil remedies include injunctions, damages, and destruction of infringing goods.
• Criminal enforcement is available for counterfeiting with potential imprisonment.
• Customs recordal enables border interception of counterfeit imports.
• Damages may be based on actual losses, infringer profits, or reasonable royalty.
• Cease and desist letters often resolve issues without costly litigation.
• Active enforcement is essential to preserving your mark's strength and value.
Related Articles and Resources:
How to Register a Trademark in Jordan
Trademark Opposition Process 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.