Many manufacturers invest large amounts of money in creating and promoting three-dimensional objects (TDOs) for their products because the appearance of the product plays a significant role in its recognition them by buyers compared to the product names and logos. It is arguable as to whether TDOs are registrable in Jordan as three-dimensional marks (3D trademarks) and would therefore be protected under Trademarks Law No. 34, 1999 and its amendments, and/or protected under Industrial Designs and Industrial Models Law No. 14, 2000. Jordan amended Trademark Law No. 33, 1952 by the Trademark Law, No. 34, 1999 and repealed Patents and Designs Law No. 33, 1953, and enacted Industrial Designs and Industrial Models Law No. 14, 2000, in compliance with Article 25 (2) of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), which states: ‘Members shall be free to meet this obligation through industrial design law or through copyright law’. However, according to Article (1) of TRIPS, ‘Members may, but shall not be obliged to, implement in their law more extensive protection than what is required by this Agreement, provided that such protection does not contravene the provisions of this Agreement.’ Unfortunately, TRIPS does not expressly mention three-dimensional trademarks in Article (15) or in any other Article, nor examined their connection with industrial designs.
Business Law Review