What Can and Cannot Be Trademarked in Jordan: A Comprehensive Legal Guide
Learn what types of marks can be registered in Jordan, the distinctiveness requirement, absolute and relative grounds for refusal, and how to choose a protectable brand name.
6/5/20264 min read
Not every name, logo, or slogan can be registered as a trademark in Jordan. The Trademarks Law sets clear boundaries on what qualifies for protection. Understanding these boundaries before investing in your brand can save you significant time, money, and disappointment.
If you are just beginning the trademark process, we recommend also reading our complete registration guide and our guide on conducting searches. For the complete registration process, see how to register a trademark in Jordan. To understand what makes marks similar, see how to conduct a trademark search in Jordan.
What Types of Marks Can Be Registered in Jordan?
Jordanian trademark law recognizes a broad range of mark types. The most common include word marks consisting of text only, device marks comprising logos and graphical elements, combination marks that include both words and design elements, and three-dimensional marks that protect the shape or packaging of products.
In addition, Jordan recognizes service marks for services rather than goods, collective marks used by members of an association, and certification marks that certify the origin, material, or quality of goods or services. Color marks, sound marks, and holograms may also be registrable under certain conditions if they can be represented graphically and serve to distinguish one undertaking from another.
The Distinctiveness Requirement
The most fundamental requirement for trademark registration in Jordan is distinctiveness. Your mark must be capable of distinguishing the goods or services of one undertaking from those of others. Generic terms that merely describe the product or service are generally not registrable unless they have acquired distinctiveness through extensive use.
Marks fall on a spectrum of distinctiveness. Fanciful marks, invented words with no dictionary meaning, are the strongest. Arbitrary marks are real words used in a context unrelated to the product. Suggestive marks hint at a quality without directly describing it. Descriptive marks directly describe the product and are only registrable with proof of acquired distinctiveness. Generic terms can never function as trademarks.
Expert Tip:When choosing a trademark for the Jordanian market, aim for fanciful or arbitrary marks for the strongest protection. Descriptive marks may seem appealing for marketing, but they are much harder to register and enforce.
Absolute Grounds for Refusal
Article 7 of the Jordanian Trademarks Law sets out absolute grounds for refusal that apply regardless of conflicting marks. Marks devoid of distinctive character cannot be registered unless they have acquired distinctiveness through use. Marks consisting exclusively of signs that designate the kind, quality, intended purpose, or characteristics of goods or services are unregistrable.
Other absolute grounds include marks that have become customary in the current language or trade practices, marks contrary to public order or morality, and marks likely to deceive the public about the nature, quality, or geographical origin of goods or services.
Prohibited and Restricted Marks
Certain categories are expressly prohibited from registration in Jordan. These include marks identical or confusingly similar to royal arms, national flags, emblems, or symbols of Jordan or any other country. Marks containing religious symbols or references that may be considered offensive are also prohibited. Marks containing geographical names indicating the true origin of goods in a misleading manner cannot be registered.
Marks identical or misleadingly similar to well-known marks are refused under Article 8bis, which implements Jordan's Paris Convention obligations. This protection extends even to goods or services not identical to those for which the well-known mark is registered.
Relative Grounds for Refusal
Relative grounds arise when your proposed mark conflicts with an earlier trademark. Under Article 8, a mark will be refused if it is identical to an earlier mark for identical goods or services, or if it is similar and there exists a likelihood of confusion. The assessment considers visual, phonetic, and conceptual similarity, similarity of goods or services, consumer attention levels, and the distinctiveness of the earlier mark.
Acquired Distinctiveness Through Use
A mark initially lacking inherent distinctiveness may still be registered if it has acquired distinctiveness through extensive use in Jordan. Evidence must show that a substantial portion of the relevant public recognizes the mark as originating from a single source. This may include sales figures, advertising expenditure, duration of use, market surveys, and affidavits. Building this evidence is time-consuming, making inherently distinctive marks the preferred choice.
Practical Tips for Choosing a Registrable Mark
• Brainstorm creative, distinctive options unrelated to your products or services.
• Conduct preliminary searches in the IPPD database before finalizing your choice.
• Test shortlisted marks with your target audience for memorability and unintended connotations.
• Consider the international dimension, ensure your mark is appropriate in other MENA markets.
• Avoid marks that describe your product, geographic locations, or common industry terms.
• Consult a trademark attorney for a registrability assessment before filing.
Key Takeaways
• Fanciful and arbitrary marks receive the strongest protection in Jordan.
• Descriptive marks require proof of acquired distinctiveness to register.
• Generic terms, national symbols, and immoral marks are prohibited.
• Well-known marks receive extended protection beyond their registered classes.
• A comprehensive search is essential before investing in any brand.
Related Articles and Resources:
How to Register a Trademark in Jordan
International Trademark Registration via Madrid Protocol
How to Conduct a Trademark Search in Jordan
Understanding Trademark Classes (Nice Classification) in Jordan
Our Trademark Registration Services
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.