Trademark filing in Iran / Trademark registration in Iran. Iran joined WIPO in 2002. The Iranian laws provide no protection to unregistered trademarks. Trademark protection is obtained from filing to registration. There is no trademark protection for alcoholic beverages, Pictures of women and words which can be considered immoral are not registerable as trademarks. Foreign words must be translated in order to be examined for their moral integrity.
Trademark Laws and Regulations in Iran
A) Trademark in Iran means any visible mark which can distinguish the goods or services of natural or legal persons.
B) Collective trade mark means any visible mark which is designated as a collective mark in the registration application and which can distinguish the origin or any other characteristics such as the quality of the goods or services of natural or legal persons using this mark under the control of the registered trademark owner.
The exclusive use of a trademark in Iran is reserved to anyone who has registered the trademark in accordance with the provisions of this Act.
The trademark in Iran cannot be registered in the following cases:
A) It cannot distinguish one company’s goods or services from another’s goods and services.
B) Is contrary to religious or public order or good morality.
C) Misleading business or public centers, especially regarding the geographical origin of goods or services or their properties.
D) the same or imitation of a military emblem, flag, or other national emblem or name or abbreviation or the first letters of an official name or emblem of a country, intergovernmental organization or organization established under international conventions, or one of the foregoing Its components shall be a mark unless authorized by the competent authority of the country concerned or the organization concerned to use it.
E) Either or misleadingly resembles or translates a trademark or trademark known for the same goods or services owned by another institution in Iran.
And ـ the same or similar has already been registered for similar services, provided that the mystic has been associated with the use of the trademark and the proprietor of the trademark and its registration would harm the interests of the former trademark owner.
G) The same sign as previously registered in the name of another proprietor or the date of application for registration precedes or is entitled to priority for the same goods and services or for goods and services which cause misleading and misleading communication and similarity.
Trademarks – General Information
* Filing System: Multi-Class Filing System.
* Classification of goods / services: 10th Edition of Nice Classification.
* Registrables: trademarks, service marks, collective marks, 3D marks.
* Member of Paris Convention: yes.
* Claiming priority under Paris Convention: yes.
* Filing international registration under Madrid Agreement: yes.
* Filing international registration under Protocol to Madrid Agreement: yes.
* Time from filing to registration: 4/ 6 months.
* Protection (registration) duration: 10 years from filing date.
* Examination type: substantive examination.
* Examination time: 4 months.
* Publications: in the Official Gazette after acceptance.
* Opposition period: 30 days.
* Time limit to pay publication fees after acceptance: Publication fees are paid along with the filing fees upon submitting the application.
* Time limit to pay registration fees after the end of the opposition period: within 30 days.
* Use: a registered mark may be subject for a cancellation action by any interested party if it has not been used for 3 consecutive years.
* Renewal application can be made within: 6 months before expiry.
* Renewal duration: 10 years.
* Grace period to renew after expiration: 6 months with penalty.
* Method of conducting the search: non-official search only performed manually.
* Time required to complete the search: 7 days.
* Claiming goodwill upon assignment: optional.
* Publication after recordal of the assignment: in the Official Gazette.
* Time period of the license: can be decided by parties.
* Publication after recordal of the merge: in the Official Gazette.
* Publication after recordal of the change: in the Official Gazette.
* Publication after recordal of the license: in the Official Gazette.