Use of Unregistered Trademark and How to protect it

Authors

Jamal Talal Al-Naimi, College of Law, University of Al Al-Bayt- JordanFollow
Omar Falah Alatine, College of Law, University of Al Al-Bayt- JordanFollow

Abstract

This study aims to clarify issues related to the use of the trademark, particularly the one that is unregistered, both in terms of the concept of trademark use and conditions of its existence, especially that it may be the subject of a dispute with another trademark, which is of the same grade as the former, or a registered trademark meeting all the legal, substantive, and formal requirements by law to grant it protection against imitation and fraudulent activity. In the context of a dispute, which trademark has priority in protection?

The research is conducted in light of the provisions of the Jordanian and French decisions of the judiciary, especially the Jordanian Trademark Law, which prevents the establishment of a civil suit to protect the unregistered trademark, and the provisions of the Jordanian Unfair Competition Law and Trade Secrets that grants civil protection to all trademarks used in the Hashemite Kingdom of Jordan whether they are registered or unregistered.

Recommended Citation

Al-Naimi, Jamal Talal and Alatine, Omar Falah (2015) "Use of Unregistered Trademark and How to protect it," UAEU Law Journal: Vol. 2015: No. 63, Article 2.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2015/iss63/2