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Trademark Law in Iran

What is a trademark?

A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.
Registration of a color, collective & certification or 3D trademark could be applied for in Iran.
A 3D Trademark is the shape of goods or their packaging which must be submitted in a two dimensional and printable representation.

What is a Service mark and is it registrable in Iran?

A service mark denotes any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.
The Justice Administration has passed a new legislation with regard to service classes.  The new law comes into force as of June 15, 2007 and it will allow applicants to register trademarks in international service classes (35 to 45).  Previously class 35 was reserved for all types of services.
Clients are advised to eventually review and amend their trademark registration in order to ensure compliance with new classification system.

What are the Trademarks that are banned from registration under Iranian laws? 

There are several Trademarks that are not allowed to be registered in Iran :
- The country’s flag, medals, decorations or emblem of the Iranian government.
- Any phrase or words which may have the impression of any connection with official authorities of the government.
- Emblem of official organizations such as the Red Cross, etc…
- Signs which would run counter to public order and/or public morality
- All goods related in the class 33 (according to a strict interpretation of Islamic laws and by virtue of rules introduced in the wake of 1979 Revolution).
- Common names  generically designating products or  referring to geographical names that would  mislead the consumer  or bring him to having a wrong impression as to the origin of the product or the nature of the goods or would otherwise entertain confusion.

Do I have to register my trademark?

No; However, registration has several advantages including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services forth in the registration.

Do I need an attorney to file a trademark application?

No, although it may be desirable to employ an attorney who is familiar with trademark matters.

Is national registration of an Iranian mark valid outside Iran?

Although it could be helpful, nonetheless, many countries maintain a register of trademarks. The laws of each country regarding registration must be consulted.

How do I find out whether a mark is already registered?

In order to do that, you do not need to conduct a painstaking search.
After filing your application to register the Trademark, the Trademark Registration Office will conduct a preliminary search which can take 10-40 business days (precise turnaround time depending on congestion at the Companies & Industrial Property Registry ); if no other similar mark is discovered through the search, at the next stage you will have  two (first and final) notices published in the Official Gazette of the IRI; in case there will be no opposition to your mark, it will be registered.

Is it possible that a registered Trademark be cancelled under Iranian Laws?

According to patent & trademark law of Iran, if no objection is raised against the registration of a trademark within three years from registration date, no objection will be considered afterwards unless:
It is proved that the defendant (applicant) was aware, during the course of registration, that the trademark has been continuously used by the plaintiff. However if the defendant proves that the plaintiff was aware of the trademark registration during the three years from the registration date, such an objection will be turned down and overruled.

Do I have to start using the mark after registration?

According to Iranian laws, a trademark is vulnerable to cancellation if it is not used. In this regard it must be noted that:
a. Prior usage of a non-registered Trademark brings about a priority right over those who have not registered the mark earlier before the said prior usage.
b. A Trademark must be used within three years, at maximum, after registration, unless there is a convincing reason for not using the registered mark, otherwise any interested party may petition courts of law to cancel the registration of that mark.

How long does it take for a mark to be registered in Iran?

Some 2-4 months will be needed from the date of filing the application to issuance of certificate of registration; this includes the time needed for conducting the search as well as publishing the first and final notice.

How long does a trademark registration last?

10 years

How do I contest someone else using a trademark similar to mine?

There are several ways to dispute and challenge use of your trademark by a third party. Depending on the factual situation, the Trademark Registration Office may or may not be the proper forum. You should consider contacting an attorney, preferably one specializing in trademark law. Time can be essential.

Are there any special requirements for obtaining a trademark registration in Iran?
No.

What happens if the Industrial Property Registry Administration rejects an application to register a Trademark?

In that case, the applicant has the following options:
A. He has ten days to file a petition before the court against the decision of the Industrial Property Registry Administration for rejection of the application.
B. It is possible to provide the Industrial Property Registry Administration with a letter of consent and acquiescence if one can be obtained from the owner of the registered Trademark. Such a letter of agreement should be certified and legalized by the Iranian consulate.

Are there any formal requirements in order to assign or franchise a registered Trademark?

Assignment of a Trademark must be officially recorded with the Industrial Property Registry Administration. Franchising agreements, too, must be recorded before the said administration in order to receive proper protection.
It is to be noted that the Ministry of Health requires all cosmetics, hygienic products and food related companies in Iran which may have franchising contracts with non-Iranian suppliers and authorized to use their trademarks on the products, to record their contract before the Industrial Property Registry Administration.

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