TRADEMARK LAW



Trademark Law



Trademark Law

Introduction

A trademark or trade mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.

A trademark is designated by the following symbols:

™ (for an unregistered trade mark, that is, a mark used to promote or brand goods)

? (for an unregistered service mark, that is, a mark used to promote or brand services)

® (for a registered trademark)

A trademark is a type of intellectual property, and typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements.[2] There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories.(Chambers,1990)

Intellectual Property Rights

In the last decade Arab countries, much like many developing countries, have shown keen interest and political will to join the World Trade Organization (WTO). Likewise, Jordan has a weak but aspiring economy and strong ties to the United States and other Western countries. Saudi Arabia, like Egypt, has strong ties to the West and is the richest country in the oil-rich Arabian Gulf.(Shuy,1993)

Foreign trademarks

Foreign trademarks are used in some cases to cover imported goods and generally products made in the host countries by foreign manufacturing subsidiaries and licensees. This industrial property right is a major source of market power for those subsidiaries making consumer goods. Domestic enterprises making similar goods must either accept a reduced share of the market or must enter into trademark license agreements. But even in those cases, although licensees of foreign-owned trademarks receive a current profit out of the licence, they cannot enjoy the result of the goodwill development.(Cornish,1989)

Although the advertising expenditures are borne by the consumers of the developing countries, the accrual in goodwill is for the benefit of non-resident owners of this intangible asset. These private benefits — mostly appropriated by the foreign trademark owner — can be considered as net social costs to the recipient country.(Taylor,1992)

Trade mark Laws, Regulations and International Treaties

The modern trade mark legislation began with the implementation of the Trade mark Law on March 1, 1983, which was later amended in 1993 and 2001. Under this Law, there are five important principles:

1) Protection upon registration

It means that, if a trade mark owner wishes to protect its trade mark in World, he needs to have it registered in World first. As being different from the trade marks laws of many other countries, the protection of a registered trade mark shall begin from its registration date, not the filing date. Of course, this principle is not absolute, because well-known trade marks that are not registered in World can also be protected under the Paris Convention and the Chinese Trade mark Law, but in a passive manner. (Shuy,1993) In the following part of this presentation, I will give you more detailed information about the protection of well-known trade marks ...