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Trademark

Trademark Services

Trademark is an effective communication tool. In a single brand or logo, trademark can convey intellectual and emotional attributes and messages about you, your company, and your company’s reputation, products and services.

Trademark is a valuable asset. TMs can appreciate in value over time. The more your business reputation grows the more valuable your brand will be.

In a time when online retailing, cyber abuse and counterfeiting are at an all-time high, a trade mark registration is also a vital weapon in the fight against counterfeiters, cyber squatters and abusive or opportunistic company name registrations.

Trade mark registrations are also valuable, transferable assets, which can be used as negotiating tools in business transactions and as security for financial transactions.

As high technology proves to be a daily surprise basket of new products, Trademarks begin to carry an important weight as a distinguished aspect of the already established known brand.

We, at ILIPS, are fully aware that trademarks are not just mere logos, distinguished colors, slogans, sounds and alike, but also a trustworthy tool through which businesses can achieve a sustained competitive advantage and can be remembered and associated in the minds of consumers.

Our firm has extensive experience with trademark protection, helping companies select names that can be protected by trademark law, and assisting clients with registration and infringement matters.

              Madrid system
              The major international system for facilitating the registration of trademarks in multiple jurisdictions is commonly known as the "Madrid system". Madrid provides a             centrally administered system for securing trademark registrations in member jurisdictions by extending the protection of an "international registration" obtained through the World Intellectual Property Organization. This international registration is in turn based upon an application or registration obtained by a trade mark applicant in its home jurisdiction.
The primary advantage of the Madrid system is that it allows a trademark owner to obtain trademark protection in many jurisdictions by filing one application in one jurisdiction with one set of fees, and make any changes (e.g. changes of name or address) and renew registration across all applicable jurisdictions through a single administrative process. Furthermore, the "coverage" of the international registration may be extended to additional member jurisdictions at any time.
Don't wait until there's a problem.
The process of registering begins with a comprehensive screening search in various online databases, to make sure someone else hasn't already applied for or registered the mark you wish to use and register.
 While discovering that your mark is already in use is disappointing, it's also a very good way to avoid a potentially expensive legal action. You don't want to invest substantial sums and build a successful business and then learn that you have to change your brand name, your logo, or you slogan in Iran. Additionally, you don’t want the expense of defending an infringement action or paying out money to someone else because you are using a mark that is confusingly similar to his or her mark that has been registered or used a little sooner.

 

 

We are experienced in the following types of trademark work:

 

  • Filing and prosecuting local TM applications in Iran or abroad.

  • Filing and prosecuting international TM applications in Iran.

  • Prosecuting trademark oppositions and cancellations before the Iranian Trademark Trial and Appeal Board.

  • Rendering legal opinions concerning the ability to use and register trademarks in Iran or other countries.

  • Preparing cease and desist letters in the event of trademark infringement and resolving infringement situations to a successful conclusion.

  • Litigating trademark and trade dress disputes, including proceedings in the Iranian court, and the Iranian Trademark Trial and Appeal Board.

  • Filing administrative complaints in the area of domain name disputes.

  • Preparing and negotiating trademark license agreements and assignments.

  • Conducting due diligence in connection with mergers and acquisitions.

 
 

 

Registration of Trademark in Iran

According to the Patents, Industrial designs and Trademarks registration law of Iran, a Trademark is defined as any type or form of a visible sign composed of drawing, picture, number, letter, wording, seal, phrase, special wrapping etc. which is chosen to distinguish or specify a particular industrial or agricultural product. A Trademark may be chosen to distinguish or specify the products of a group of farmers, industrialists or traders, or products of a city, a town, or a region of a country. However, the right to have a Trademark is optional, unless the government declares it compulsory.

Iranian industrial property office, that is within the organizational chart of the state organization for registration of deeds and properties, which itself functions under the Judiciary Power, performs the tasks of Trademark registration under the above mentioned act and the regulations as well as the provisions of the Paris convention for protection of industrial property to which Iran has been a member since 1959.

A Trademark application, once filed is examined by the Trademark Office and, if it meets the conditions set forth in the Patents, Industrial designs and Trademarks Registration law of Iran, it is published in the Official Gazette.

A 30-day opposition period runs from the publication date of the application, if no opposition is filed, the Trademark is registered, the notice of registration is published the said Gazette, immediately after which the certificate of registration is issued. However, if the Registrar finds that the application is not registrable for any of the following reasons, the application shall be rejected and a notice to that effect shall be officially served upon the applicant who may refer to the mentioned commission in art. 170 of regulations and Civil Court of Tehran to file an appeal against the said decision.

 

 

The following marks are not registrable in Iran:

  1. National flags of Iran or any other flag which the government has banned its use as a Trademark, the Red Crescent, signs and medals of the government of Iran.

  2. Words and expressions referring to authorities of Iran.

  3. Signs and marks of official institutions, centers and foundations such as the Red Cross Society, The Red Crescent and the like.

  4. Marks contrary to public order or morality.

  5. Generic terms or Geographical names likely to mislead the consumers as to the origin and quality of the goods.

  6. Marks that are identical or similar to a mark previously applied for or registered in Iran by other entities.

  7. According to Islamic codes, alcoholic beverages which are included in class 33, "beer, ale and porter" in class 32 and all Trademarks comprising portraits of "Women" in any form, are prohibited for registration and renewal in Iran.

 

The duration of TM protection in Iran:

The duration of a given Trademark registration is 10 years from the filing date of the application and may be renewed for consecutive such periods. A grace period of six months is granted for late filing of renewal applications for which no additional fees are collected by the Industrial property Office.

TM ownership changes in Iran

Under the said law, changes in the ownership such as change of name/address, assignment, mergers, etc. as well as any type of alterations of the particulars of the registration such as limitation/addition of goods/classes must be officially recorded in Iran.

In June 16, 2003 the Trademark Office adopted the 8th edition of international classification of goods and services.

Registration of three-dimensional mark in Iran

According to the Patents, Industrial designs and Trademarks Registration law of Iran, three-dimensional mark is registrable.

Registration and examination procedure for a three-dimensional mark is in the same manner as other trademark or service mark applications.

 Registration of collective mark in Iran

According to the Patents, Industrial designs and Trademarks Registration law of Iran, collective mark is registrable.

Registration and examination procedure for a collective mark is in the same manner as other Trademark or service mark applications.

In addition to general filing particulars required for all Trademark or service mark applications, applicants must provide either a notarized certificate issued by the competent authority attesting the right of use of the mark by the manufacturers for the goods covered by the mark or home or any other country’s collective mark registration certificate, certified by the issuing Office.

 

Requirements for filing a Trademark application in Iran

  1. The full details of applicant i.e. full name, address, nationality, field of activity, incorporation number of the applicant's company in the home country, principal location etc.

  2. A certified copy of applicant's incorporation documents (if applicant is a company) or identity card (if applicant is an individual).

  3. List of goods and/or services and related classes.

  4. A sample of the Trademark (not exceeding 6x6cm). If the Trademark is registered one, certified copy of registration document is required.

  5. Sufficient dimensions of the Trademark to be clearly represented front, top and side picture of a 3D mark with label (if three-dimensional mark is to be field).

  6. Description of colors (if color mark is to be filed).

  7. A notarized certificate issued by a competent authority attesting the right of use of the mark by the manufacturers for the goods covered by the mark or home or any other country's registration certificate, certified by the issuing Office (if collective mark is to be filed).

  8. If priority is claimed, a certified copy thereof.

  9. Power of attorney signed (sealed) by applicant, certified and legalized by the Iranian Consulate in the home country.