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Revisiting the historical origins of the Jordanian trademark system: the UK legacy

Mohammad Amin Naser

Keywords: history; origins; Jordanian Trademarks Law; UK Trade Marks Act; passing off; registration; misconceptions

The history of a legal text is valuable in order to understand the law as it stands today and how it should be in the future. When it comes to the history of the protection of trademarks, one should not deny the role of British courts in establishing such a protection; at a later stage the registration system evolved. In Jordan, which was a British protectorate under mandate, the historical source of the Trademarks Law lies in the UK Trade Marks Act. This article argues and proves that the detachment of the Jordanian Trademarks Law from its historical context led to many misconceptions in terms of interpreting and applying the law. Ultimately, the paper concludes that having a solid system for the protection of trademarks depends on the lessons that history dictates.

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