Reforming The Anti-Dilution Trade Mark Protection in Jordan

The dilution theory in Jordan is a primitive concept that needs clarification and thorough understanding. This is due to the misinterpretation of the doctrine of dilution among legal practitioners and the wrong implementation of dilution in Jordan. The thesis has provided a critical analysis of how dilution is applied in Jordan, what are the problems found in Jordan, and how it can be solved. In order to find a solution that suits and comply with Jordan’s needs, the thesis examined the dilution doctrine from another perspective to learn from their experiences. Therefore, the US and EU are set to be an example for Jordan to learn from their experience in applying and implementing dilution. These two jurisdictions had been applying the doctrine of dilution long enough to form a better understanding of the concept of dilution. Also, the experience of the two jurisdictions is essential for Jordan to learn and develop its Trade Mark Law. Their experience is believed to enlighten Jordanian legal practitioners on the meaning of dilution and the enforcement of this theory. Moreover, to learn and avoid their mistakes by forming a more efficient legal framework in Jordan. Ultimately, suggestions and recommendations are provided in order to reform the Jordanian Trade Mark Law, that minimises and limits the drawbacks of excessive application of the dilution theory. The recommendations contributes significant literature to Jordanian legal practitioners that illustrates the meaning of dilution. This is attainable by providing definitions and illustrating the types of dilution, verifying which marks are eligible for anti-dilution protection, suggesting a list of conditions to determine whether a mark is eligible for anti-dilution protection, and most importantly how to determine a likelihood of dilution before granting the eligible mark a protection against dilution. It is believed with the suggested recommendations, Jordan will be able to have a better and comprehensive perspective of the dilution theory that will assist Jordanian legal practitioners in dealing efficiently with the doctrine of dilution