Trademark

A trademark is a visible distinctive sign of any description that can identify the products or services of an individual or a legal entity.

A trademark may not be registered in Iran for the following reasons:

-          Not being distinctive,

-          Being contrary to the Islamic Law, Public Order or Public Morality,

-          Being confusing particularly regarding the geographical origin of the goods or services,

-          Being the official flag, the name or abbreviation of the name of a country, military badges, medals and marks of official international institutions unless allowed by the competent authority of the same country,

-         Being similar to or identical to a well known mark in Iran for the same goods or services that it would cause confusion,

-         Being similar to or identical to an already registered mark in Iran for same goods and services which leads to confusion.

 

 

 

Filing:

Requirements for filing a trademark application are as follows:

The followings are required in order to file the Trademark application

 

  • Full name, address, phone and fax numbers, email address and nationality of the applicant(s), if the applicant(s) is an individual. OR, Full name, address, phone and fax numbers, email address, field of activity, place of registration, number of registration and nationality of the applicant(s), if the applicant(s) is a legal entity,
    • Specification of goods and classes (according to the International Classification),
    • Twenty prints of the mark, 8 * 8 cm (except for marks in plain block letters),
    • Description of colours, if a colour trademark is to be filed in Iran,
    • The Original power of attorney signed by the applicant(s) and duly certified and legalized up to the Iranian Consulate,
    • A copy of passport of the applicant(s), if the applicant(s) is a natural person, OR a copy of Company Registration Document of the applicant(s), if the applicant(s) is a legal entity.
    • Certified copy of home registration (Priority) duly certified and legalized up to the Iranian Consulate, if claiming priority.

 


 

3Dimentional Mark:

3D Marks are allowed to be registered in Iran by providing the following additional documents:

  • Front, top and side pictures of the 3D mark with label.

Collective Mark:

Collective Mark is any visible sign that has been introduced as a Collective Mark in the application and is used to distinguish the origin, town, region, quality or other characteristics of the goods or services of the Individuals or Legal entities who use it.

Requirements for filing Collective Mark are the same as filing a regular trademark.

 

Renewal:

Trademark Registration is effective for a period of 10 years from the date of filing.

According to the Iranian Trademark Law, a trademark should be renewed every 10 years. The base is anniversary of the date of filing the application.

The applicant may apply to renew the Trademark one year before expiration (at the beginning of 9 years of registration). There will be an additional 6 months period after the expiration for the applicant to apply for renewal of the trademark with an extra 50% fine.

Requirements for renewal are:

  • A Power of Attorney signed by the applicant, certified and legalized by Iranian Consulate,
  • A copy of the Iranian Certificate of Registration or the Certificate of the last Renewal.

 

Changes:

According to the Iranian Trademark Law, all the changes and modifications should be recorded officially and published for public notice.

Requirements:

  • A power of attorney duly certified and legalized up to the Iranian Consulate,
  • The Change of Name or Address documents, certified and Legalized by Iranian Consulate,
  • Iranian Certificate of Registration or Renewal certificate.

 

Assignment:

The Assignment means the transfer of rights held by one party—the Assignor—to another party—the Assignee.

Change of ownership (Assignment) of a registered trademark or collective mark may not be effective if leads to confusion with regard to the origin, production or characteristics of the goods or services.

Requirements:

  • A power of attorney duly certified and legalized up to the Iranian Consulate,
  • The Deed of Assignment, certified and Legalized by the Iranian Consulate,
  • Iranian Certificate of Registration or Renewal certificate.