18 ALRAQABA . ISSUE 18 Legislations set of colors or any combination thereof, or any sign or group of signs used or intended to be used for distinguishing goods or services of one establishment from those of other establishments, indicating the provision of a service, or monitoring or inspection of goods or services. Marks relating to sounds or scents may be deemed trademarks”. -Trademark Registration It is very important to register trademarks according to the procedures stated by the Law. If a trademark is not registered, it will not enjoy any legal protection. In addition, trademark registration is a requirement for trademark ownership. Therefore, if someone would imitate or forge an unregistered trademark, and they were the first to register it, they would have priority for said trademark, and no one would have the right to dispute unless by filing a deregistration case. The foregoingwouldbe in accordancewithArticle (8) of the Law, which states that, “Any person registering a trademark in good faith shall be deemed the owner of said trademark. Ownership of said trademark may not be challenged if it has been used for at least five years without being legally disputed”. -Cases Where Trademarks Can Not Be Regi stered The Legislator emphasized not registering any trademark which undermines fair competition. Article (3) of the Law specified the cases where a trademark can not be registered in order to protect the persons of interest. Some of these cases are as follows: - Marks which would mislead the public, or those providing false information relating to the origin or sourceof goodsor servicesor other characteristics thereof, as well as marks containing fictitious, imitated or forged trade names. - Any trademark identical or similar to a mark previously filed or registered by a third party for the same or relevant goods or services, if using such mark would create the impression of association between it and the goods and services of the owner of the previously registered mark or adversely affect their interests. - Marks representing copies, imitations, or translations of a third-party’s famous trademark, or a material part thereof, to be used for distinguishing goods or services non-identical or dissimilar to those distinguished by said famous mark, if such use would indicate an association between said goods or services and the famous mark and is likely to adversely affect the interests of the owner of said famous mark. A famous trademark here means the degree to which it is recognized by the relevant public as a result of promotion or period of registration or use thereof; the number of countries where it is registered or famous; or the value and impact of such mark on promoting the goods or services distinguished by it. Article (4) states “A famous trademark with a reputation beyond its registration country may not be registered for identical or similar goods or services unless so was requested or explicitly approved by the owner of said mark”. The reason for focusing on famous products
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