The current trademark regulations in Iran are mainly based on the Patent, Industrial Design, and Trademark Registration Law implemented in 2008.
The Iranian Trademark Office is responsible for managing trademark affairs and the official language is Persian. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. Iranian trademark registration follows the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
Iran is a signatory to international intellectual property treaties such as the WIPO Convention and the Paris Convention, and has also become a party to the Madrid Protocol. Therefore, trademark registration can be processed through "single country registration" or "Madrid international registration".
At present, the Iranian Trademark Office adopts the Nice classification for the description of goods and services and accepts applications for multiple categories. Alcoholic goods in categories 33 and 32 cannot be registered. The elements that can be registered as trademarks in Iran include: text, name, graphics, three-dimensional identification, color combination, slogan, appearance, etc., among which there are special requirements for three-dimensional identification, appearance, and other elements.
If the applicant does not reside in Iran, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific product/service items;
3. Name and address of the applicant;
4. Power of attorney for notarization and authentication;
5. Extract from notarized business license or commercial register;
6.If priority is declared, priority proof documents and corresponding Persian translations must be provided.
The main process for applying for registration of an Iranian trademark is: application, examination, announcement, approval, and issuance of a certificate. After about one week of application submission, the Iranian Trademark Office will conduct formal and substantive examinations. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice; Once the review is approved, an announcement will be made, and a 30 day objection period will be set from the announcement date. Any interested party or prior rights holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. Trademarks are descriptive;
3. The trademark lacks distinctiveness;
4. The trademark has adverse effects;
5. Well known trademark;
6. Common name;
7. Geographical indications;
8. Unauthorized use of logos;
9. Violating public order and good customs.
If there are no objections or objections are not valid during the announcement period, the trademark will be approved for registration. If everything goes smoothly, trademark registration in Iran will take about 10 months. If there are any objections or rejections encountered during the process, the time will be extended.
The Iranian trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.