How can
I know if someone has filed an application for registration of
a trademark identical or confusingly similar to mine?
All
applications are published in the Official Gazette, followed
by a grace period of 30 days for third party opposition.
Moreover, all registered trademarks are published in the
Official Gazette. So you have to monitor all trademark
applications/registrations through your representatives in
Iran.
What can I do
if someone has filed an application for a trademark
identical/similar to mine?
You can file
an administrative opposition
within 30 days from the publication date of the application in
the Official Gazette. You can file a petition with the public
court of Tehran within 60 days since the administrative
opposition has been served to the applicant, unless the
applicant accepts the administrative opposition and withdraws
his/her application.
What if I
have not registered my trademark in Iran? Can I file an
administrative opposition against registration of trademarks
identical or confusingly similar to mine?
Yes, you must file an
application for it (all costs prepaid) simultaneously with
administrative opposition.
Who
can file an administrative opposition?
Anyone who assumes a trademark covered in a
new application, similar or identical to his own mark.
Is it
possible to search for availability of a trademark prior to
filing an application?
Yes, a
trademark search may be conducted in order to determine the
marks availability for use and registration. However, the
Iranian Industrial Property Office does not provide
preliminary official search report as to whether an
application will register a particular mark.
Is it possible
to cancel a trademark registration?
Yes,
anyone can apply for cancellation of a registered trademark on
grounds such as priority or similarity, within 3 years from
registration date, provided that they can establish it in the
public court of Tehran. If they fail to apply within the
aforementioned period, they must establish that the defendant
had been aware of continuous usage of the mark by them, during
registration process. However, if the defendant establishes
that the plaintiff had been aware of the trademark
registration during the abovementioned period, the claim will
be rejected.
Is late filing
of documents accepted?
Yes,
there is a 6-month grace period within which belated documents
must be submitted.
What is the
Iranian classification system?
As of
June 16, 2003 the IIPO adopted the 8th edition of
the International Classification of Goods and Services.
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