Lights on the commercial symbol as a moral element of the commercial store The concept, the protection and its selection)) Comparative study in French and Jordanian Laws

Commercial symbol is considered as one of the moral elements of the commercial project, it is an industrial and commercial property right. The commercial symbol has a direct function in distinguishing from a commercial location to another. It refers to a particular selling location. In this context, the commercial symbol differs from the other distinguishing-marks of the commercial project, especially the commercial name, which aims at distinguishing a project from others. In addition, commercial symbol has an indirect function that shared with the other distinguishing-marks of the commercial project that lies in the identification of products or services of the commercial property. This study has a legal significant, because it has not get enough attention in Arabic legal literature like other distinguishing-marks of the commercial project, the problem lies is in the lack of legal system to protect the commercial symbol, where the Jordanian as well the French law provides a protection by resort the general principles of the law, since there is no legislation on the commercial symbol. This study tries to examine the legal system of the commercial symbol in terms of its concept and function, its relationship with other distinguishing-marks, in addition to its conditions, basis and method of protection. In such endeavor, the examination should be made under the inspiration of the position of the French judiciary and jurisprudence in a quest to apply that diligence to Jordanian legislation. Finally some conclusion remarks should be set out.