Trademark registration Iran
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What are the costs of a trademark registration in Iran?
- Includes all fees
- extra class
- Includes all fees
- up to 3 classes
- Includes all fees
- extra class
How do you get a trademark registration in Iran?
Registering a trademark in Iran is very important. The country does not offer any form of protection to unregistered trademarks. Just using a trademark does not give you the right to protection. Although this does not mean that you cannot use a trademark without registration, as the owner of this trademark you will not be able to be protected by law against infringement. The exclusive right to a trademark registered in Iran belongs to the person who registered the trademark.
What is the necessary information and documents for filing a trademark in Iran?
If you want to register a brand name in Iran, you go through a standard procedure of submission, review, publication and subsequent registration. Typically, the process to register a brand name in Iran takes 15-18 months. The costs for this are relatively low. As the owner of the trademark, you must submit the application to register a trademark in Iran through a local lawyer or trademark expert. You must provide the following information and documents with your application:
- Name, address and nature of your company
- A copy of the trademark for which you want to apply for protection
- A list of goods and services to which the mark applies
- A power of attorney for the representative, duly legalized by the Iranian consulate
- A copy of the company’s incorporation certificate
A trademark search before submitting your application
In order to be fully aware of brands that already exist in Iran, it is important to do thorough research. Although proof of use is not required to register a trademark in Iran, as a trademark owner you should still perform a search before you start registering and commercially exploiting your trademark. So this serves as a precautionary measure. You can carry out a thorough trademark search at word level, but also at sentence and image level.
What restrictions apply in Iran with regard to trademark registration?
According to Iranian law, a mark is any design, image, word, stamp, etc. used to distinguish an industrial, commercial or agricultural product. In addition, less traditional brands can also be registered in Iran, such as three-dimensional brands and color brands. Of course there are also some restrictions in the country. For example, it is not possible to register a trademark in Iran that contains the national flag, international flags, official emblems and other such items. Also, the portrait of the Shah, the king, may not be used.
Also not allowed is the registration of alcoholic beverages in categories 32 and 33 and the registration of trademarks that include portraits of women in any form. A brand can be divided into different classes. For each additional category, an additional print of the brand must be supplied.
The classification of goods and services
Iran uses the international Nice Classification for the classification of goods and services. However, the Register has established a local list of goods and services which may not include all the goods and services mentioned in the Nice list. If you want to register a trademark in Iran, you have to choose from the list of goods and services that the local register follows. In Iran it is possible to register a good or service that covers more than one class. A reduced rate applies for each extra class.
What does the trademark registration process in Iran look like?
As soon as you have submitted the application, it will be checked by the trademark office. If there are no objections or oppositions, your application will be published in the trademark gazette. After this publication, third parties have a period of thirty days that they can use to file an opposition. If there is no opposition, your trademark will be registered and assigned a unique number. Then it will be published again and you will receive a certificate.
Who can be seen as the owner of a mark in Iran?
The certificate mentioned above counts as prima facie proof of ownership and the fact that you as the owner own the exclusive rights to this trademark. This also means that you can fight counterfeiting of your trademark in court. Such procedures never go through the country’s trademark office, as the latter is only responsible for verification and not for enforcement. The trademark protection is valid for ten years from the date of application.
As the owner of a trademark in Iran, you do not need to provide proof of use, unless a third party submits the request for cancellation of your trademark on the grounds of non-use. If you do not use your trademark during the three-year period after registration, you run the risk of losing it.
Iran has been a member of WIPO since 2001 and participates in the Madrid Protocol since 2003. This means that international registration via this system is also possible. Not only can you apply for a trademark in Iran this way, but also in other countries that are of interest to you as an entrepreneur. WIPO carries out the initial formal review and then forwards your application to Iran, where the same local process as described above is followed.