Registration of Trademark in Iran
According to the Patents, Industrial designs and Trademarks registration law of iran, a Trademark is defined as any type or form of marking composed of drawing, picture, number, letter, wording, seal, phrase, special wrapping etc. which is chosen to distinguish or specify a particular industrial or agricultural product. A Trademark may be chosen to distinguish or specify the products of a group of farmers, industrialists or traders, or products of a city, a town, or a region of a country. However, the right to have a Trademark is optional, unless the government declares it compulsory.
Iranian industrial property office, that is within the organizational chart of the state organization for registration of deeds and properties, which itself functions under the Judiciary Power, performs the tasks of trademark registration under the above mentioned act and the regulations as well as the provisions of the Paris convention for protection of industrial property to which iran has been a member since 1959.
A Trademark application, once filed is examined by the Trademark Office and, if it meets the conditions set forth in the Patents, Industrial designs and Trademarks Registration law of iran, it is published in the Official Gazette. A 30-day opposition period runs from the publication date of the application, if no opposition is filed, the Trademark is registered, the notice of registration is published the said Gazette, immediately after which the certificate of registration is issued. However, if the Registrar finds that the application is not registrable for any of the following reasons, the application shall be rejected and a notice to that effect shall be officially served upon the applicant who may refer to the mentioned commission in art. 170 of regulations and Civil Court of Tehran to file an appeal against the said decision.
The following marks are not registrable in iran:
- National flags of iran or any other flag which the government has banned its use as a Trademark, the Red Crescent, signs and medals of the government of iran.
- Words and expressions referring to authorities of iran.
- Signs and marks of official institutions, centers and foundations such as the Red Cross Society, The Red Crescent and the like.
- Marks contrary to public order or morality.
- Generic terms or Geographical names likely to mislead the consumers as to the origin and quality of the goods.
- Marks that are identical or similar to a mark previously applied for or registered in iran by other entities.
According to Islamic codes, alcoholic beverages which are included in class 33, “beer, ale and porter” in class 32 and all Trademarks comprising portraits of “Women” in any form, are prohibited for registration and renewal in iran.
The duration of a given trademark registration is 10 years from the filing date of the application and may be renewed for consecutive such periods. A grace period of six months is granted for late filing of renewal applications for which no additional fees are collected by the Industrial property Office.
Under the said law, changes in the ownership such as change of name/address, assignment, mergers, etc. as well as any type of alterations of the particulars of the registration such as limitation/addition of goods/classes, must be officially recorded in iran.
Effective June 16, 2003 the Trademark Office adopted the 8th edition of international classification of goods and services.
Registration of three-dimensional mark in Iran
According to the Patents, Industrial designs and Trademarks Registration law of iran, three-dimensional mark is registrable.
Registration and examination procedure for a three-dimensional mark is in the same manner as other trademark or service mark applications.
Registration of collective mark in Iran
According to the Patents, Industrial designs and Trademarks Registration law of iran, collective mark is registrable.
Registration and examination procedure for a collective mark is in the same manner as other Trademark or service mark applications.
In addition to general filing particulars required for all Trademark or service mark applications, applicants must provide either a notarized certificate issued by the competent authority attesting the right of use of the mark by the manufacturers for the goods covered by the mark or home or any other country’s collective mark registration certificate, certified by the issuing Office.
Requirements for filing a Trademark application in Iran
- The full details of applicant i.e. full name, address, nationality, field of activity, incorporation number of the applicant’s company in the home country, principal location etc.
- A certified copy of applicant’s incorporation documents (if applicant is a company) or identity card (if applicant is a individual).
- List of goods and/or services and related classes.
- A sample of the Trademark (not exceeding 6x6cm). If the Trademark is registered one, certified copy of registration document is required.
- Sufficient dimensions of the Trademark to be clearly represented front, top and side picture of a 3D mark with label (if three-dimensional mark is to be field).
- Description of colors (if color mark is to be filed).
- A notarized certificate issued by a competent authority attesting the right of use of the mark by the manufacturers for the goods covered by the mark or home or any other country’s registration certificate, certified by the issuing Office (if collective mark is to be filed).
- If priority is claimed, a certified copy thereof.
- Power of attorney signed (sealed) by applicant, certified and legalized by the Iranian Consulate in the home country.