Trade and Service Marks

– Patents, Industrial Designs and Trademarks Registration Act, 23/01/2008, in force since March 10, 2009.
– Regulations for the Implementation thereof, 20/01/2009, in force since March 10, 2009.

Membership in International Conventions

– Paris Convention, Lisbon Act, since January 4, 1962 and Stockholm Act (1967 and 1979), since March 12, 1999.
– Convention Establishing the World Intellectual Property Organization (WIPO), since March 14, 2002.
– Madrid Agreement Concerning the International Registration of Marks, since December 25, 2003.
– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, since December 25, 2003.
– Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods, Stockholm Act, since June 18, 2004.
– Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, Stockholm Act, since March 9, 2006.
– Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, since July 12, 2018.

Filing

Applicant: the first user of a trademark, be it a firm, or a person, a corporation or the State may apply.

Foreigners and non-residents: have to be represented by an authorized attorney.

Kinds of trademarks: trademarks (including service marks), collective marks, three-dimensional marks.

Novelty: the trademark applied for must not conflict with any registered trademark.

Examination: as to the form and novelty.

Disclaimers: available. 

Letters of consent: accepted, except for confusingly similar or identical marks, must be legalized.

Exceptions to protection: (a) if a trademark is contrary to Islamic rules, public order or morality; (b) if it is likely to mislead the public or trade centers, in particular as regards the geographical origin of the goods or services concerned or their nature or characteristics; (c) if it is identical with, or is an imitation of or contains as an element, an armorial bearing, flag or other emblem, a name or abbreviation or initials of the name of, or official sign or hallmark adopted by, any State, intergovernmental organization created under an international convention, unless authorized by the competent authority of that State or organization; (d) if it is identical with, or confusingly similar to, or constitutes a translation of, a mark or trade name which is well-known in Iran for identical or similar goods or services of another enterprise; (e) if it is identical with a mark registered in the name of a different proprietor with an earlier filing date or a priority right in respect of the same goods or services or for goods and services that, due to connection or resemblance, is likely to deceive or cause confusion.

Classification: International Classification. Iran has adopted the 11th Edition 2020 of the Nice Classification (classes 1 to 45) for new trademarks. The classification will be revised accordingly on the renewal date for earlier trademarks. In addition to the Nice Classification, the Intellectual Property Center of Iran has created its own list of goods/services, accordingly to which the Registrar accepts or rejects the items of goods/services of the applicant’s list. The Intellectual Property Center of Iran prompted by the need to observe Islamic principals, refrains from accepting new trademark applications for alcoholic drinks in class 33, as well as applications for item “beer” in class 32 (item “beer” may be replaced by “non-alcoholic beer”). 

Local transliteration: Persian transliteration of foreign words must be added to trademarks for medicines.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, legalized up to the Iranian Consulate; one general power being sufficient for all cases filed in the name of the same applicant, or a specified power for individual trademarks;
2. Electronic sample of the mark (6 x 6 cm in jpeg format);
3. If priority is claimed, a certified copy thereof;
4. Documents evidencing identification of the applicant, notarized only.

Terms for filing the missing documents: preferably all documents should be presented at the time of filing but a sixty-day delay may be accorded for foreigners to submit the necessary documents. This 60-day respite is granted only once.  

Electronic filing: obligatory.

Electronic signatures: are not accepted (only wet signatures).

Registration, Protection

Beginning of protection: date of application in Iran. If priority is claimed on the basis of a foreign application, the priority rights are recognized as prescribed by the Paris Convention.

Publications: two publications occur for each trademark, the first following the filing and the second, the registration.  Only one publication occurs for an international trademark designating Iran.

Delivery of document: the registration certificate is issued in both paper and electronic format.

Duration – renewal: ten years from the filing date, renewable for further ten-year periods. A 180-day grace period is granted for late renewals with 50% fine.

Marking on registered goods is not compulsory with the exception of drugs, pharmaceuticals, foodstuffs, beverages and cosmetics.

Modifications: any modification relating to a registered trademark should be duly recorded and the certificate thereof endorsed therewith.

Change of name: it is compulsory to record the change of name of each trademark at the Intellectual Property Center of Iran. The documents required are: an extract of the Company Register where full old and new name, address, the company registration number, field of activity and legal form of the applicant(s) are clearly stated, notarized only; a power of attorney in the new name, legalized at the Iranian Consulate; and the original Iranian registration certificate, or the last renewal certificate if the trademark has been renewed for endorsement of the recordal.

Assignment: it is likewise compulsory to record the assignment at the Intellectual Property Center of Iran. Documents required: deed of assignment, signed by both parties and legalized up to the Iranian Consulate; a power of attorney in the name of the assignee legalized at the Iranian Consulate; and an extract of the Company Register where full name, address, the company registration number, field of activity and legal form of the assignee(s) are clearly stated, notarized only. The original registration certificate or the last renewal certificate should also be submitted for endorsement of the recordal.

License: a license agreement signed by both parties and a power of attorney in the name of the licensor, both legalized at the Iranian Consulate should be submitted for recordal at the Intellectual Property Center of Iran. An extract of the Company Register where full name, address, the company registration number, field of activity and legal form of the licensor(s) are clearly stated, notarized only. The original registration certificate or the last renewal certificate should also be submitted for endorsement of the recordal.

Change of address: a mere notarized indication is sufficient and the relevant registration or renewal certificate returned for endorsement.

Modification of Protection after Registration

Rights of prior user: provided for.

Use: proof of use is not required for maintaining the validity except if a third party files a petition with the court for cancellation of a trademark due to non-use.

Cancellation for non-use: any interested party may request the court to cancel a registered trademark if he establishes that the owner of a registered mark, or a person authorized by him, has not used the said mark for a period of at least three full years running from the date of registration up to one month prior to filing the request.

Administrative opposition: within thirty days after the publication of the application in the Official Gazette, interested persons considering the similarity between the marks may file an administrative opposition thereagainst.

Requirements for opposition: the base trademark and opposed application should cover identical goods and classes, otherwise the opposition is rejected. If the opposer does not own such trademark in Iran, simultaneous with the opposition, a new national trademark application should be filed. The documents required are: legalized power of attorney, document evidencing identification of the opposer legalized up to the Iranian Consulate at the time of filing. The opposition will be raised in a special Commission of the Intellectual Property Center of Iran; sixty days are granted to start action from the notification date of the Commission's decision. 

Infringement – penalties: infringement and unfair competition cases of trademarks in Iran can be pursued penally. A branch of Public Prosecutor’s Office is appropriated for such cases.