The Jordanian Constitutional Court has recently announced the unconstitutionality of Article 11, Paragraph C of Trade Name Law No. 9 of the year 2006 as it does not grant the conflicting parties equal rights to appeal the Registrar’s decision before the Court. Previously, the appeal was only possible to the “owner of the trade name in question”. In other words, the Registrar’s decision can only be appealed if the cancellation action is accepted.
Given that the cancellation of a trade name requires the presence of both parties and since it violates the principle of equality provided for in the Jordanian Constitution, Article 11, Paragraph C of the Trade Name Law was annulled.
Following the annulment, each party shall now have the same legal channels to defend their claims before the competent courts.
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