الحماية المدنية للعلامة التجارية غير المسجلة في الأردن : دراسة تحليلية نقدية للمادة 34 من قانون العلامات التجارية الأردني

الملخص EN

This Article explores the extent of the civil protection of unregistered trade marks in Jordan.

It analysis and criticizes Article 34 of the Jordanian Trade Marks Law.

Article (34) provides expressly that "No person may file a compensation claim for any violation against unregistered trade mark in Jordan, but he may be entitled to file an annulment action to annul a trade mark registered in Jordan by a person who does not own it and it is registered outside Jordan if he can submit a proof of the existence of any of the grounds of annulment which are stipulated in paragraphs 6,7,10,and 12 of Article 8 of this Law.” We attempt to find where there is a real legal dilemma in this Article which deprives a person of his right to file a tort action in case of his trade mark has been infringed in Jordan.

This Article also explores the possibility of protecting unregistered trade marks under the laws of Unfair Competition and Trade Secrets of 2000.