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Jordan: Trademark Protection Not Lost in Translation
December 22, 2014
The Jordanian Trademark Office recently acknowledged the fame status of ALWADI AL-AKHDAR, after a local manufacturer applied for the registration of GREEN VALLEY as a trademark in class 29. Upon publication of the mark in the official gazette, Al Wadi Al Akhdar SAL opposed on the basis that the word mark represents an English translation their trademark.
In order to demonstrate their brand’s fame, Al Wadi Al Akhdar SAL provided evidence of use and registration of the trademark in Lebanon, Syria, Saudi Arabia, United Arab Emirates, Qatar, Yemen and Jordan, where the mark was registered as early as 1985 in classes 29, 30 and 32. The company provided further confirmation of extensive sales and marketing for its ALWADI AL-AKHDAR products in the region to establish recognition within the relevant segment of the consumers.
The TMO found the evidence presented by Al Wadi Al Akhdar SAL compelling to establish that the ALWADI AL-AKHDAR has indeed acquired fame and recognition and therefore qualifies for the special protection provided by article 12/8 of the trademarks. The law prohibits the registration of any trademark that represents an imitation and/or translation and/or transliteration of a famous trademark.
The verdict submits that products under the trade name GREEN VALLEY may confuse and mislead consumers into thinking that the two trademarks are related or belong to the same commercial source which will undoubtedly cause damage and create a situation of unfair competition, leading to the cancellation of the registration of GREEN VALLEY.
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