Dr. Alexander Aghayan & Associates Law Firm
Under the Iranian Trademarks & Patent Registration Law Dated 1310 (1931) and the Regulations thereto a pre-registration notice is published in the Official Gazette to enable interested third parties file an administrative opposition against registration of an application. Such oppositions may be filed within 30 days running from the publication date of the said notice.
Under Article 16 the following persons may file an opposition against an application:
1. Persons who consider the trade mark to be their own.
2. Persons whose marks are confusingly similar to the subject mark in a manner that it will confuse ordinary consumers.
In either of the above two cases, if the opposing party has not already registered the mark in his own name, at the time of submission of his opposition, he must apply for the registration of his mark and must pay all the registration and other associated fees in advance.
Within the prescribed period of 10 days the applicant shall state compliance or non-compliance with the opposition. However, if the applicant fails to do so or states non-compliance, the opposing party may file a petition with the Civil Court of Tehran requesting cancellation of the registration.
Under Article 18, if the opposition is filed against a registered mark, the opposing party must directly file suit with the Civil Court of Tehran and must request the cancellation of the registration. Such suit may be filed within three years from the Iranian registration date based on prior registration or use of an identical or confusingly similar mark abroad or in Iran.
Under Article 20, if the objector proves his priority right to the mark for reason of previous and continuous use of the same mark, the court will order the mark to be registered in the name of the opposing party. If the mark has already been registered in the name of the applicant at the Industrial Property Office, the Court will order the registration to be annulled, and the mark registered in the name of the opposing party.
However, under Article 22 those who have not filed an a cancellation action against a registered mark within three years as from the registration date of the mark, can not file such action after expiry of the said period unless they can prove that, on the date of registration, the applicant was aware that the mark had been continuously used by the opposing party, or by another person who has transferred the trade mark to the opposing party. If the applicant can then prove that the opposing party was aware of the registration during the said three-year period, the opposition will be rejected.
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