Dr. Alexander Aghayan & Associates Law Firm
Information sheet regarding trademark registration in IRAN
Under the Iranian Trademarks & Patent Registration Law Dated 1310 (1931) 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 or industrialists, traders, or products of a city or 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 registrations under the above mentioned Act and the Regulations thereto that was last revised in 1958 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 may be filed through an attorney for which purpose the following documents are required:
1. Power of attorney, duly executed by the applicant, notarized and legalized by the Iranian Consulate;
2. Copy of home/foreign certificate of registration, if any, certified by the office issuing it. (No legalization is required);
3. Particulars of the trademark and that of the applicant;
4. List of designated goods and classes according to the 8th edition of the Nice International Classification of Goods and Services.
A trademark application, once filed is examined by the IP Office and, if it meets the conditions set forth in the said Act, 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 Civil Court of Tehran to file an appeal against the said decision.
The following marks are not registrable:
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.
Note 2: In respect of a trade mark referred to in Article 9 of the Law similarity may be considered with due regard to the get-up, pronunciation and spelling or any other characteristic likely to mislead the ordinary consumer.
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.
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