How a Trade Mark Defined in Iran?

Introduction

Under Iranian law, a trade mark can be protected on the basis of registration. Registration Process of a Trade Mark in Iran is as follows:

1.  Submission of application to registration office (Industrial Property Office).
2.  Examination of application: Registration office must examine the application based on legal conditions and documents within 30 days of the date of Submission. This examination includes both Substantive and procedural conditions.
3. Defects in application: If there is a defect in the application, applicant can correct it within 60 days. Otherwise, the Office rejects the application. Refusal of application can be objected in the Special Commission.
4. Acceptance and publication of application: If no defect found in application or the defect has been corrected within specified time, registration office will accept the application and then publish it.
5.  Objection to acceptance: Any interested party may protest to the registration of Trade Mark within 60 days of publication date. The objection will be considered in the Special Commission.
6. Registration of Trade mark: The applicant shall deliver published notice to the Office. Then if Office determines legal conditions within 30 days of publication date, the mark will be registered after payment of the related costs.

How a Trade Mark defined in Iran?

In accordance with Article 30 of the Iran Patents, Industrial Designs and Trade marks Registration Act (2008):

1. Mark means any visible sign capable of distinguishing the goods or services of legal entities or of natural persons.
2. Collective Mark means any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other characteristics, including the quality, of goods or services of natural persons or of legal entities which use the sign under the control of the registered owner of the Collective Mark.
3. Trade Name means the name or designation identifying and distinguishing a natural person or a legal entity.
4.  The exclusive right to use a Mark shall belong to the person who registers his Mark in accordance with the provisions of this Act.

What is Trade Mark Classification in Iran?

Iran uses the International Classification of Goods and Services for the Purposes of Registration of Marks (Nice Classification), eighth edition.

The Ministry of Justice has passed a new law concerning the registration of service marks. This law, published in the Official Gazette No. 16966 and dated May 31, 2003, came into effect on June 15, 2003.

In accordance with the provisions of this law, applicants may register trade marks for services pursuant to the international classification system from class 35 to 45. Class 35 has been so far reserved for types of services. Furthermore, class 33 has now been cancelled in pursuance of Islamic laws.

Duration of Trade Mark Registration: Term and Renewal

The duration of registration of a trade mark shall be 10 years as from the filing date of the application for registration.

The registration of a trade mark may be indefinitely renewed for periods of ten years on application to be made preferably within 6 months before expiration.

There is a 6-month grace period within which late renewal application can be filed at no extra tax.

What is the Cancellation procedure of a Trade Mark in Iran?

If the owner of a mark, his legal agent, or successor does not commercially use the mark during three years from the date of registration, any interested person may request the cancellation of such mark without mentioning any grounds therefor whether in or outside Iran.

Who can apply for registration of a Trade Mark in Iran?

The following may apply for registration of a trade mark:

The first user of a trade mark, whether it be a firm, a person, a corporation, or the State.

Foreigners and persons not residing in Iran, through representation by an authorized attorney.

 What Trade Marks cannot be registered in Iran?

A Mark is not registrable in the following cases:

1.  If it is not capable of distinguishing the goods or service of one enterprise from those belonging to another enterprise.
2.  If it is contrary to Rules of Sharia, public order or morality.
3.  If it is likely to mislead the public or trade centers, in particular as regards the geographical origin of the goods or services concerned or their nature or characteristics.
4.  If it is identical with, or is an imitation of or contains as an element, an armorial bearing, flag or other emblem, a name or abbreviation or initials of the name of, or official sign or hallmark adopted by, any State, intergovernmental organization created under an international convention, unless authorized by the competent authority of that State or organization.
5.  If it is identical with, or confusingly similar to, or constitutes a translation of, a mark or trade name which is well known in Iran for identical or similar goods or services of another enterprise.

Iran’s Membership in International Trade Mark Conventions

Iran has been a member of the Paris Convention for the Protection of Industrial Property since 1998.

On 25 September 2003 Iran acceded to both the Madrid Agreement and the Madrid Protocol on the International Registration of Marks with the World Intellectual Property Organization (WIPO). The Madrid Agreement and the Madrid Protocol came into force in Iran on 25 December 2003.

Requirements for Trade Mark Application in Iran

♦ To file a trade mark under the name of a company, below documents are required:

♦ Registration Certificate of company

♦ Articles of Association of the company

♦ Identifying the official signatory of the company and his/her copy of passport

♦ A company’s resolution in which it is decided to register its trade mark in Iran

♦ A Power of Attorney to our Registration Team

♦ Certified copy of priority documents (if claimed)

♦ Sample of trade mark in JPG

♦ Trade mark registration certificate in other countries (if any)

♦ for U.S applicants, company tax number also required

To file a trade mark under the name of an individual, below documents are required:

♦ A copy of applicant’s passport

♦ A Power of Attorney to our Registration Team

♦ Sample of trade mark in JPG

♦ Trade mark registration certificate in other countries (if any).

Note: all above documents must be certified in Iran embassy and translated into Persian before being submitted to the Intellectual Property Centre of Iran.

What are the Requirements for Trade Mark Application in Iran?

To file a trade mark under the name of a company, below documents are required:

1.  Registration Certificate of company
2. Articles of Association of the company
3. Identifying the official signatory of the company and his/her copy of passport
4. A company’s resolution in which it is decided to register its trade mark in Iran
5.  A Power of Attorney to our Registration Team
6. Certified copy of priority documents (if claimed)
7. Sample of trade mark in JPG
8. Trade mark registration certificate in other countries (if any)
9. For U.S applicants, company tax number also required.

To file a trade mark under the name of an individual, below documents are required:

1. A copy of applicant’s passport
2. A Power of Attorney to our Registration Team
3.  Sample of trade mark in JPG
4. Trade mark registration certificate in other countries (if any).

Note: all above documents must be certified in Iran embassy and translated into Persian before being submitted to the Intellectual Property Centre of Iran.