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Iran is a
member of WIPO organization and a party to the Paris
convention, Madrid agreement and Madrid protocol concerning
international registration of trademarks (which will enter
into force with respect to Iran on December 25, 2003).
Trademark
is a sign such as any wording, numeral, drawing, picture,
seal, phrase, wrapping etc that is used to distinguish any
industrial or agricultural products. In addition, a
trademark may be used to distinguish or specify the products
of a group of farmers, industrialists, companies, and also
the products of a town, city or region of a country.
Like any
other country within the Paris union, trademarks, service
marks, trade names, indications of source or appellations of
origin may be registered and protected in Iran. However due
consideration should be paid to non-registerable marks which
include alcoholic beverages in class 33, “beer, ale and
porter” in class 32, and all trademarks comprising portrait
of women, being contrary to Islamic rules. Furthermore,
according to article 5 of the Patents and Trademarks
registration act the following marks are not
registerable:
- The
national flag or any other flag or emblem the use of which
is not authorized by the government of Iran, medals,
decorations and signs of the Iranian government.
-
Words or phrases
that may give the impression of a connection with official
authorities of the state or government.
-
Emblems of
official institutions such as Red Crescent, Red Cross, etc.
-
Marks contrary to
public policy and public morals.
Generally,
registration of trademarks is not compulsory in Iran, except
for those trademarks used for pharmaceuticals, cosmetics and
food related products. However, all trademarks, trade names
and related changes, assignments and licensing should be
registered in order to be protected by law and have effect
vis-à-vis third parties. A registered trademark is protected
for 10 years from filing date, which is renewable. The owner
of a trademark will have an exclusive right to use, modify,
assign or license it, if it is registered in accordance with
Iranian law.
The
competent authority for registration of trademarks and
changes thereto, is the Registration Department for
Companies and Industrial Property, which is affiliated with
the State Organization for Registration of Deeds and
Properties of the Islamic Republic of Iran.
Unless an
opposition arises, registration procedures normally take 4
to 6 months to be accomplished depending on the workload at
the Industrial Property Office. Once an application is
filed, it is examined by the registrar as to conformity with
Iranian IP laws and regulations. The application will be
refused if it is considered contrary to these regulations,
or it is so similar to pre-registered marks that may raise
confusion. If an application is refused, the applicant may
petition the said decision to the Public Court of Tehran
whose decision is subject to revision by the court of
appeal.
When an
application is accepted, it is published in the Official
Gazette followed by a 30-day grace period for third party
oppositions against application of the mark. The Iranian
Industrial Property Office will register the mark unless an
objection is filed within the said grace period. In case of
objection, the objector must refer to the court within 60
days, unless the applicant withdraws their application.
The Office
publishes a public announcement in the Official Gazette
after registration of the mark. Any one, claiming any right
to a registered trademark, is to litigate in the court of
Tehran. However, no claim will be accepted regarding a
registered trademark, except on grounds such as usage of the
mark prior to the application. In other words no one may
apply for nullification of a trademark registration
certificate, unless they can establish (e.g. through
certificate of registration in another country) that they
had been using the mark continuously before the application
for its registration was filed.
Registered
trademarks must be used, in classes specified in the
certificate, within 3 years from the registration date.
Otherwise, any one may apply for its cancellation in the
relevant class, in the Public Court of Tehran.
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