Article 30 of Trademark Act stipulates that:
"Mark means any visible sign capable of distinguishing the goods or services of legal entities or of natural persons"
Any individual person or Company is allowed to apply for registration of trademark in Iran.Trademark applications can be filed either by national or international systems.Although there is no difference between national and international registrations but national type can be considered as a preferable choice under the following situations:
Applicant is willing to obtain registration sooner;
Applicant is willing to be far from Central Attack danger;
Applicant isn’t subject of a member state of Madrid agreement; isn’t willing for registration of intended TM in Home country;isn’t going to apply for filing in many countries;
Applicant is willing to enjoy preliminary information about the chance of approval.
Trademark applications can be any kind of word marks, devices, word mark & devices, alphabets; numeric and the like in any color.
Applicants are permitted to apply for ordinary trademarks and collective trademarks.
Filing & Registration Procedure:
Necessary application in two copies along with original power of Attorney and other required documents should be submitted to the Registrar. Usually after two months the Registrar will declare its decision in respect of application.
If decision is positive; a notice will be issued which should be published in the Official Gazette.
After publication if there is no opposition filed against the application, notice for registration of trademark will be issued and application will be processed into registration.
If the Registrar’s decision is not positive an administrative notice is issued rejecting the application and there will be 60 days respite to oppose the Registrar's decision before the responsible commission. The said commission may approve the previous decision or overrule it.
If the Examiner’s decision is approved the application is considered as null and void unless the applicant refers the case to competent court within 60 days from notification date.
If the Examiner’s decision is overruled the matter will be followed as mentioned in item 2.
Documents/information required for filing:
Full name and address of the applicant;
Type of Company (legal status);
Type of business;
At least 20 specimen of the mark with the cutting size not exceeding 10*10 cm;
Certified copy of certificate of incorporation (Business License) issued by Companies Registrar / or certified copy of applicant's national ID card or its passport copy if the applicant is an individual;
Power of Attorney duly executed, notarized and legalized by the Iranian Consulate;
One single General Power of Attorney is enough for all clients' trademark cases in Iran;
Goods specification and class (es) according to eighth edition of Nice Classification (45 classes);
Meaning and transliteration of the trademark if it is not in Persian or English;
Certified copy of home or foreign priority document, if priority is claimed.
All registered trademarks should be renewed at tenth anniversary to keep their validity.
Needed documents for renewal:
Power of Attorney duly notarized and legalized by the Iranian Consulate;
Reproduction of the mark exactly as it is affixed on the Iranian registration certificate/last renewal certificate;
Simple copy of Iranian registration certificate/last renewal certificate and its probable endorsements;
The applicant's Business License along with its English translation.
* By virtue of prevailing law there is six month legal respite for renewal of any registered TM in Iran after due date. Late renewal causes penalty fees.*Non-renewal after grace period results absolute invalidity.
* Due to accession of Iran to 8TH Edition of NICE classification of goods/services all those registrations that are covering old local class 35 which covered all type of services should be reclassified at the time of filing renewal application. If the subject TM covers old local class 35, there will be extra costs for reclassification.
According to respective law, it is mandatory to record all kind of changes i.e. change of name, change of address, alteration , assignments , merger, addition of goods or classes, license agreements etc.
Necessary documents for recordal of changes:
Power of attorney duly notarized and legalized by the Iranian consulate.
Original registration certificate and in case the trademark has been renewed the last renewal certificate for endorsement purposes.
Change documents duly notarized and legalized by the Iranian consulate.
We should necessarily check draft of your Deed of Assignment before execution.