Title: Trademark cancellation in terms of commercial and administrative law: a comparison of the UAE and Jordan
Authors: Firas Abdel-Mahdi Massadeh; Moustafa Elmetwaly Kandeel; Ali Abdel Mahdi Massadeh
Addresses: Intellectual Property and Commercial Law, Al Ain University, P.O. Box: 64141 Al Ain, Al Ain Campus, UAE ' Civil Procedures Law, Al Ain University P.O. Box: 64141 Al Ain, Al Ain Campus, UAE; Tanta University, 31111 Egypt ' Commercial Law, Hashimate University Jordan, P.O. Box: 330127, Zarqa 13133, Jordan
Abstract: This paper concerns the method of judicial review in the dismissal of a trademark, from a procedural judicial perspective. The research examines the impact procedural laws can have on substantive laws, in terms of the influence of commercial litigation and civil procedures on one hand, and administrative law procedures on the other, regarding the potential outcomes for dismissing a trademark. In the UAE's unified legal system, the civil/commercial courts review decisions to register trademarks, while in Jordan's dual legal system it is the administrative courts, which do so. This paper investigates if this difference plays any role in cancelling trademarks, and whether it has any subsequent impact on investment and commerce.
Keywords: trademarks; commercial litigation; administrative judiciary; absolute grounds for dismissal; UAE; Jordan.
International Journal of Economics and Business Research, 2020 Vol.20 No.3, pp.364 - 374
Received: 26 Dec 2019
Accepted: 18 Feb 2020
Published online: 05 Oct 2020 *