Iran
is a member of the Paris Convention for the Protection of Industrial Property
and Madrid Agreement Concerning the International Registration of Marks.
Trademarks
and collective marks may be registered in Iran.
A
trademark is any design, image, word, expression, seal, cover, etc., adopted to
distinguish industrial, commercial, or agricultural products.
The following, among others, may be registered:
-
Three-dimensional marks: applicants must
present different dimensions of the mark so that it may be clearly represented.
-
Color marks: applicants must clearly indicate
the colors that are being claimed. The Office does not require certain specific
standards and mere description of the claimed colors is sufficient. The Office
classifies color marks according to the International Classification of the
Figurative Elements of Marks.
It
should be noted that colors per se are not registrable but single or multi
color trademarks may be registered.
The following shall not be registered:
-
According to Islamic codes, alcoholic beverages
in class 33, "beer, ale and porter" in class 32 and all trademarks
comprising portraits of "Women" in any form, are prohibited from
registration and renewal.
-
-The National flag and Royal standard, foreign
flags, Iranian emblems (Lions and Sun), decorations, and medals.
-
The portrait of the Sjah, except by special
authority.
-
Words or expressions creating the impression of
official patronage, such as Imperial, Royal, etc.
-
emblems of official institutions such as the
Red Lion and the Red Sun, the Red Cross, etc; and those contrary to public
order, or good morals.
Classification System:
Iran
uses the International Classification of Goods and Services for the Purposes of
Registration of Marks (Nice Classification), eighth edition.
The Ministry of Justice has passed a new law concerning the registration of service marks. This law, published in the Official Gazette No. 16966 and dated May 31, 2003, came into effect on June 15, 2003. In accordance with the provisions of this law, applicants may register trademarks for services pursuant to the international classification system from class 35 to 45. Class 35 has been so far reserved for types of services.
Furthermore, class 33 has now been cancelled in pursuance of Islamic laws.
As
to the representations of the mark, if only one class of goods is claimed, if
the mark is registered for several classes, one more print shall be furnished
for each additional class; size max. 10 X 10 cm.
As
to 3D marks, a two-dimensional print or other print capable of graphical
representation must be submitted; the 3D sign must be accompanied by a label or
a word mark.
Validity:
The
duration of the registration of a trademark shall be 10 years as from the
filing date of the application for registration.
Filing Requirements:
-
A Power of Attorney signed by the applicant
company’s representative and legalized by any Iranian Consulate abroad
-
Certified copy of the extract from the
commercial register is required.
-
Or a notarized copy of the Commercial extract
-
Scanned copy of priority documents (if
claimed).
Please
note that certified color copy of the applicant’s passport will be required for
filing a trademark in the name an individual.
1. Name
of Applicant
2. Address
of Applicant
3. Legal
Type of company
4. Registration
Number of Company;
a. for
U.S applicants, company tax number also required
5. Sample
of trademark in JPG.
6. Goods
and Services with the related Serial Number must be provided.
7. Please
indicate the color that should be claimed
Filing Requirements:
1. A
notarized copy of the commercial registration is needed;
2. For
the priority documents, only a scanned copy will suffice;
3. Priority
documents are required even for PCT's.
Filing Requirements:
1. Name of applicant
2. Type of company (Limited, joint stock, etc…)
3. Type of business
4. Company registration number
5. Nationality
6. Principal location
7. Address with postal code
8. Telephone
9. Fax
10. Email
11. Description of design
12. International classification & Goods
13. Goods
14. Pictures or drawings of design
15. Certified assignment document from designer to applicant (If
applicable)
16. Certified copy of priority documents (If claimed)
17. Certified and legalized power of attorney
18. Certified copy of the extract from the commercial register is
required. Or a notarized copy of the
Commercial extract.
Time
limit to complete: 60 days from filing date, extendable only once if approved
by the IIPO for additional 60 days.