The trademark holds a significant and distinct position among industrial property rights. The importance of the role it plays is highlighted by the fact that it forms a special identity for the goods and services it distinguishes. This enables consumers to choose between goods and services that meet their needs and motivates trademark owners—merchants, manufacturers, and service providers—to improve the quality of their offerings, leading to increased commercial activity and reflecting positively on economic development and prosperity.

The importance of trademarks has grown, and they have played a distinctive role due to the use of technological means in production, which has led to an increase in both quantity and quality. Consequently, competition has intensified among sellers, producers of goods, and service providers. This is also due to economic development, especially after the emergence of globalization, one of whose most prominent principles is the freedom of foreign trade.

Article Two of the Trademark Law defines a trademark as: "any visible sign used or intended to be used by any person to distinguish his goods, products, or services from the goods, products, or services of others." It is noted that this definition is consistent with the definition of a trademark in the TRIPS Agreement, as stated in the first paragraph of Article Fifteen, which stipulates: "Any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trademark. Such signs, in particular words including personal names, letters, numerals, figurative elements and combinations of colours as well as any combination of such signs, shall be eligible for registration as trademarks."

Adopting a trademark is optional according to the provisions of Jordanian law, as there is no provision requiring the adoption of a trademark. The same applies to trademark registration, which is considered an optional matter left to the discretion of those who wish to independently use it to distinguish their goods and services, in accordance with the provisions of Article Six, which states: "Every person who desires to have the exclusive use of a trade mark to distinguish goods of his own production, manufacture, selection, certification, dealing with or offering for sale may apply for the registration of that mark in accordance with the provisions of this Law." The first paragraph of Article Eleven of the Trademark Law also states: "Any person claiming to be the proprietor of a trade mark used or proposed to be used by him who is desirous of registering the same must apply in writing to the Registrar in the prescribed manner."

• ISBN: 9789957166496
• Weight: 0.700
• Size: 17x24 cm
• Paper: White
• Pages: 304
• Year of Publication: 2011
• Binding: Hardcover