The legal framework for protecting well-known trademarks in Jordanian legislation and international conventions: How complying is national legislation with international requirements?

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Abstract

The article analyzes the legal protection of famous trademarks in Jordanian legislation and international conventions. The study aims to demonstrate the concept of a well-known trademark and the mechanism of protecting it by preventing the registration and use of a trademark that matches, resembles, or constitutes its translation of a famous brand, and revocation of the registered brand that matches or is a translation of a famous trademark — moreover, identifying judicial procedures to protect famous brands in addition to the statement of legal protection of the famous brand under the Paris Convention for the Protection of Industrial Property and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. The analytical and comparative approach used in this study is to analyze the texts of Jordanian legislation relating to the protection of the famous brand and to compare those texts with the international requirements set out in international conventions. The research paper reached a set of results and recommendations, the most important of which is the necessity of various local associations or organizations, including the Consumer Protection Association, to assist in recognizing and implementing the criteria established in the conventions that enhance the brand’s popularity. This is crucial for safeguarding national items that are alleged to be imitations of international products.

Keywords: Trademark, Legal Protection, International Agreements, Intellectual Property, Jordanian Legislation

Authors’ individual contribution: Conceptualization — R.H., T.A.-B., A.A.-H., A.A., and H.A.K.; Methodology — R.H., T.A.-B., A.A.-H., A.A., and H.A.K.; Writing — Original Draft — R.H., T.A.-B., A.A.-H., A.A., and H.A.K.; Writing — Review & Editing — R.H., T.A.-B., A.A.-H., A.A., and H.A.K.; Project Administration — R.H., T.A.-B., A.A.-H., A.A., and H.A.K.; Supervision — R.H., T.A.-B., A.A.-H., A.A., and H.A.K.

Declaration of conflicting interests: The Authors declare that there is no conflict of interest.

JEL Classification: H11, K40, K49

Received: 05.06.2024
Accepted: 04.03.2025
Published online: 07.03.2025

How to cite this paper: Hmaidan, R., Al-Billeh, T., Al-Hammouri, A., Almamari, A., & Al Kalbani, H. (2025). The legal framework for protecting well-known trademarks in Jordanian legislation and international conventions: How complying is national legislation with international requirements? Corporate Law & Governance Review, 7(1), 145–154. https://doi.org/10.22495/clgrv7i1p13