A STUDY IN THE COMMON AND DESCRIPTIVE TRADEMARK AS A CRITERION FOR THE LACK OF DISTINGUISHING CHARACTER IN THE TRADEMARK FORMATION

Abstract

his study deals with an important topic in the field of trademarks as it relates to the possibility of forming and establishing a trademark correctly, thus allowing it to be registered or not considered a nullity. The distinguishing characteristic is considered an essential condition for the validity of the brand because it stems from the essence of the trademark function, which lies in the possibility of distinguishing the products and services of competitors from each other.

he problem of the study stems from the fact that the Jordanian legislator did not set a precise regulation of the issue of the distinguishing characteristic of the trademark and was satisfied with a general criterion for the necessity of the availability of this characteristic in the brand, while the French legislator and the European directive regulated in explicit texts the requirements of the distinguishing trademark characteristics, including the description and symbol.

The study concludes with results that highlight the positives and negatives of the legislative regulation in the investigated laws, in the light of which the research makes recommendations that would maximize these positives and try to avoid the negatives.