Requirements

Jordan Design Process

One application can cover up to 50 designs.
The process from filing to issuance of certificate is for a period of 11 to 14 months.  
No annuities 
The design registration is valid for 15 years.
Renewal is not allowed.

Jordan Design Requirements

Summarized description of the design.
Applicant info (name and address).
Power of attorney (POA): Original should be notarized and legalized.
Deed of assignment if the applicant is not the designer.
A certified copy of the priority document in case claimed.
Copy of the commercial certificate document is required.

Jordan Patents FAQ

Q: Which law does the country implement relating to patents?

A: Patent Law No. 17 of 2017

Q: Is the country a member of Paris Convention? 

A: Yes

Q: Is the country a member of the Patent Cooperation Treaty (PCT)? 

A: Yes

Q: Is your country a member of the GCC Patent Cooperation Treaty? 

A: No

Q: What are the conditions to register a patent?

A: Patents should be:

  • New;
  • Involve an inventive step;
  • Industrially applicable if it is possible to apply it in agriculture, fishing, services, handcrafts or any kind of industry in the broadest sense of the word;
  • Do not violate the provisions of Islamic Sharia' (Law), public order, ethics, causing serious damage to the environment, or damage human, animal, plantation life or health.

Q: What cannot be registered as patents?

A: The below cannot be registered as patents:

  • Scientific discoveries or theories, and mathematical methods
  • Diagnostic, therapeutic and surgical methods for the treatment of both humans and animals.
  • Plants and animals, other than microorganisms
  • Biological processes for the production of plants or animals, other than non­ biological and microbiological processes
  • Inventions, whose application for registration for the first time outside the Kingdom, had been filed by the owner more than eighteen months prior to the date of filing for registration in the Kingdom.

Q: If a worker invented a patent, can he register the patent in his name?

A: To the employer, if the invention is a result of an employment contract which requires the employee to carry out a particular inventive activity, unless otherwise stipulated by contract

If the economic value of the invention is not foreseen by the employer and employee upon concluding the contract, then the inventive employee shall be entitled to a fair compensation proportionate to such value. If the two parties fail to reach an agreement regarding the amount of compensation, such shall be determined by the competent court.

If an invention of relevance to the field of activity of the employer, is made by an employee not required to carry out an inventive activity by the employment contract, and if such an invention is made through use of expertise, documents, tools, or the raw materials of the employer placed under the employee's disposal, then the employee shall immediately notify the employer in writing of the invention In such case, the employee shall be entitled to the patent, if the employer does not express in writing an interest in owning the patent after the lapse of four months from the date of notice, or the date the employer becomes aware of the invention, whichever is earlier.

If the employer expresses his interest in owning the invention within four months from the date of notice, then he shall be entitled to the patent as of the date the invention is made The employee shall be entitled to a fair compensation, which takes into account the significance and the economic value of the invention, and all benefits accruing therefrom to the employer If the two parties fail to reach an agreement regarding the amount of compensation, it shall be determined by the competent court.

Q: Can the applicant amend an application under process?

A: The applicant may, at any time prior to the publication in the Official Gazette, request to make amendments to the invention specifications or the graphic illustrations thereof, with an indication to the nature or reasons for the amendment, provided that such amendments do not modify the substance of the invention, or the information disclosed in the original application.

Q: Can the applicant withdraw the application at any time?

A: The applicant may withdraw his application at any time unless it has been finally decided upon. However, such withdrawal shall not give the right to recover the fees paid or any other expense.

Q: Can a patent search be conducted?

A: Yes

Q: Can priority be claimed according to Paris Convention?  

A: Yes, within 12 months from the first filing date.

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: Is the usage of the registered patent compulsory?

A: Yes, the patent must be used in Jordan within three years from the date of grant; otherwise the patent will be subject to compulsory licensing.

Jordan Patents Process

Patent Registration: 

  • Once filed, the application will be formally examined to check if all the required documents were submitted and will issue a decision of:
    • Incomplete formalities: the Examiner will give the applicant 60 days from the official notification date to fulfill all requirements, otherwise the application will be considered withdrawn. the period is extendable upon applicant’s request.
    • Complete formalities: the Examiner will give the application a filing number and date and ask the applicant to settle the substantive examination fees within 60 days from the official notification date, otherwise the application will be considered withdrawn.
  • Once the application is substantively examined, the Examiner will issue a decision of:
    • Modify the application: the applicant has to amend the application as requested within a period specified by the Examiner.
    • Reject the application: if the requirements were not met or the patent is non-registrable.
    • Accept the application: the applicant has to settle the publication fees to publish the application in the official gazette within 60 days from the official notification date; otherwise the application will lapse. The PTO will publish the application within 1 year or more.
  • Any interested third party can oppose the said application within 90 days from the date of publication. The publication period can be extended upon the request on any interested third party. The applicant has 30 days from the official notification date to reply to the opposition.
  • If the application passes the publication period successfully, the registration fees should be settled to issue the certificate of registration.
  • The protection period of a patent is 20 years, from the filing date of the PCT application, or the national patent application based on Paris Convention.

 

Patent Annuities: 

  • A patent is protected for 20 years from the filing date.
  • Annuities should be settled prior to the anniversary of the filing date of a national application or a PCT international application until the termination of the patent protection duration. For example: if the patent was filed on 30 January, then the annuity should be settled every year prior to 30 January.
  • The applicant should settle the annuity starting from the second year of filing the national application according to Paris Convention.
  • A 6 months grace period is granted to settle the annuities subject to late penalty fees.

Jordan Patents Requirements

Patent Registration:

  • Applicant name and address.
  • Inventor(s) name and address.
  • Patent specifications, abstract, drawings, and claims in both English and Arabic submitted upon filing.
  • Power of attorney (POA): Original should be notarized and legalized up to the consulate of Jordan and submitted within 60 days from the filing date.
  • Affidavit document (template provided by ministry) signed by the inventor(s), notarized and legalized up to consulate of Jordan and submitted within 60 days from the filing date.
  • Certified copy of the certificate of incorporation or an extract from the commercial registry if the applicant is a company, or a copy of the applicant’s passport if the applicant is an individual, submitted within 60 days from filing date.
  • Certified copy of the priority documents submitted within 60 days from the filing date.

Jordan Trademarks FAQ

Q: Which law does the country implement relating to trademarks?

A: Law No. 33 of 1952 on Trademarks and its amendments

Q: Is the country part of Paris Convention?    

A: Yes

Q: Is the country part of the Madrid Protocol?   

A: No

Q: Is the country part of the Madrid Agreement?   

A: No   

Q: Is the country part of the TRIPS Agreement?   

A: Yes

Q: Is Apostil Acceptable?

A: No

Q: Which classification of goods/services does the country adopt?    

A: 10th Edition of Nice Classification

Q: Are there any restrictions or limitations on the list of goods?

A: No

Q: Can I register a trademark on class header?

A: Yes, but it is not recommended

Q: Are there any restrictions on the use of the ® and TM symbols?  

A: ® and TM symbols may not be a part of the trademark while filing it, but can be used along with a registered trademark

Q: Can priority be claimed?  

A: Yes

Q: Can colors be claimed?

A: Yes

Q: Can you file a disclaimer in the filing application?

A: Yes

Q: Can you conduct a search by applicant name?

A: Yes

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: Is there a requirement of use of mark to maintain the trademark registration throughout the entire valid protection period or to renew the mark?

A: Yes, but the TMO does not request any proof of use. However any interested third party can file a cancellation action against your trademark registration if the mark was not used for 3 consecutive years.

Q: If the applicant failed to renew the mark, can any third party re-register the same mark?

A: A mark, which is not renewed, cannot be re-registered in favor of third parties in respect of identical or similar goods or services before the lapse of two years from the date of non-renewal.

Q: Can the applicant withdraw the trademark application at any time?

A: Yes

Q: Can you assign or amend details of a trademark that is under process?  

A: No, any assignment or amendment should be done after the registration of the trademark is completed.

Q: Do you have to include a consideration on the assignment document?  

A: Yes

Q: Are there any specific custom procedures in the country?   

A: Yes

Jordan Trademarks Process

Trademark Registration: 

  • The registration process takes 15-18 months to be completed.
  • A separate application should be filed for each class.
  • The application will be examined by the TMO within a period of 9 to 11 months. After the end of the examination period, the TMO will allocate a filing number for the said application and issue a decision to either:
    • Accept the application, the publication fees should be settled within 30 days from the official notification date to publish the mark in the official gazette, otherwise the application will be considered withdrawn. It is worth mentioning that the official publication fees depend on the length of list of goods/services.
    • Conditionally accept the application, you may appeal the decision or comply with the said conditions within a period of 30 days from the official notification date, otherwise the application would be considered withdrawn.
    • Reject the application, you may appeal the decision within a period of 30 days from the official notification date, otherwise the application would be considered withdrawn.
  • Any interested third party can oppose the publication of the trademark application within 90 days from the date of publication in the official gazette. The applicant has 30 days from official notification date to file a reply to the opposition, otherwise the application will be considered withdrawn.
  • The certificate of registration will be issued within 1-2 months from the date of settlement of registration fees.
  • The trademark's registration is valid for 10 Gregorian years, starting from the filing date, and renewable for similar consecutive periods.

Trademark Renewal: 

  • The renewal process takes 1 week to be completed.
  • A separate application should be filed for each class.
  • The renewal application should be filed within the last year of the valid protection period.
  • A 12 months grace period after the expiry of the valid protection period is granted for filing late renewal; however it is subject to late penalty fees.
  • When filing the renewal application, the applicant has to settle the renewal and publication fees on the same day.
  • The renewal certificate will be issued within 1 week from the date of settlement of fees.
  • The renewal certificate will be published in the official gazette for informative purposes only; No one can oppose the said publication.
  • The trademark renewal is valid for another 10 Gregorian consecutive years starting from the expiry of the previous protection period.

Trademark Change of Name and/or Address: 

  • The recordal of change process takes 1 week to be completed.
  • A separate application should be filed for each class.
  • A change of agent should be filed in order to ensure formality requirements are met.
  • When filing the change application, the applicant has to settle the change and publication fees on the same day.
  • The TMO will examine the application and issue its official notice of recordal within 1 week from filing.
  • The change will be published in the official gazette for informative purposes only; No one can oppose the said publication.

Trademark Assignment: 

  • The recordal of the assignment takes 1 week to be completed.
  • An application should may be filed with multiple marks or classes registered in the name of the applicant. 
  • A change of agent should be filed in order to ensure formality requirements are met. 
  • When filing the assignment application, the applicant has to settle the assignment and publication fees on the same day.
  • The TMO will examine the application and issue its official notice of assignment recordal within 1 week from filing.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.

Jordan Trademarks Requirements

Trademark Registration:

  • Copy of the mark.
  • Applicant info (name, address, and nationality).
  • A list of the goods to be covered by the application (Classes) - translated to Arabic.
  • Power of Attorney (POA): Original should be notarized and legalized at the Jordanian embassy and submitted within 30 days of the acceptance.
  • A certified copy of the priority document in case claimed should be provided within 3 months of filing date.

Trademark Renewal:

  • Details of the trademark registration.
  • Power of Attorney (POA): Original should be notarized and legalized at the Jordanian embassy and submitted at filing.
  • A simple copy of the trademark registration certificate.

Trademark - Change of Name and/or Address:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Details of the change specifications.
  • A document proving the change of name and/or address legalized at the Jordanian embassy and submitted at filing
  • Power of Attorney (POA): Original should be notarized and legalized at the Jordanian embassy and submitted at filing.
  • A simple copy of the trademark registration certificate.

Trademark Assignment:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Details of the assignment specifications.
  • An assignment document translated to Arabic and legalized at the Jordanian embassy.
  • Power of attorney (POA): Original should be notarized and legalized at the Jordanian embassy and submitted at filing.
  • A simple copy of the trademark registration certificate.

Kuwait Design FAQ

Is the country part of Locarno agreement?   No
Is the country part of Hague agreement?   No
Is it better to register a 3D Design or an industrial design?   There is no possibility of filing a 3D mark
Is any translation required?   Yes to Arabic
For how long is an Industrial Design protected?   10 years
Are there any annuity fees to pay?   No

Kuwait Design Process

One application can cover only one design.
There is no certificate of registration issued.
No annuities 
The design registration is valid for 10 years. 
Renewal is not allowed.

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