Registering Trademark In Iran
- Feb 13, 2024
- 2 min read
Iran with its 80+ million population is positioned as an attractive market for business entities, presenting various prospects for growth and expansion. A critical aspect to consider for companies entering this market is the safeguarding of their brand through trademark registration.
US companies can protect their brand in Iran.
Eligibility for Trademark Registration in Iran
To be eligible for trademark registration in Iran, the mark must distinctly identify the products or services of one business from those of others and must adhere to public morals and order.
Eligible trademarks in Iran include:
Words, including personal and trade names
Logos and slogans
Graphics or illustrations
Product shapes or packaging
It is also mandatory that trademarks are classified according to the International Classification of Goods and Services for consistent global registration. Note, trademarks related to alcoholic beverages cannot be registered in Iran.
Applicants have the option to file for multi-class trademarks, subject to additional fees for each class, enabling broader protection across various goods or services.
Grounds for Trademark Application Refusal in Iran
Trademark applications in Iran may be denied based on absolute and relative grounds. Absolute grounds relate to objective criteria, while relative grounds involve potential confusion with existing trademarks.
Reasons for refusal include:
Trademarks that are identical or confusingly similar to a well-known mark or trade name in Iran
Trademarks that are already registered or known for dissimilar goods/services
Marks identical to previously registered trademarks for similar goods/services with prior filing
Absolute refusal grounds encompass:
Marks incapable of distinguishing goods/services
Marks against Shariah, public order, or morality
Marks likely to mislead the public, especially regarding the geographical origin or characteristics of the goods/services
Marks identical or similar to symbols of state or international organizations without authorization
Trademark Registration Process in Iran
The registration process entails several steps: search, application, examination, opposition, and certificate issuance.
Conducting a prior trademark search is advisable to identify potential conflicts. Applications can be submitted online or in person at the Iranian Intellectual Property Office (IIPO), including a clear trademark representation and a goods/services list.
The IIPO examines applications for distinctiveness and adherence to regulations. Following a successful examination, applications are published in the official gazette. There is a 30-day period post-publication for filing oppositions.
If no oppositions are filed or they are resolved in favor of the applicant, a trademark registration certificate is issued, valid for 10 years and renewable for subsequent 10-year periods.
Required Documentation
Documents necessary for registration vary but generally include:
Application form with applicant and goods/services details
Payment proof
Priority application copy (if claiming priority)
Power of attorney (for representative filings)
Applicant identity proof, like a commercial registration certificate or passport
Documents must be translated into Persian, and priority claims require a certified priority document translation.
Trademark Opposition Process
The 30-day opposition period allows for objections to be raised. Oppositions must be written, outlining the reasons against registration. Applicants have 20 days to respond to oppositions.
The IIPO reviews oppositions and responses to decide on the trademark's registration fate, potentially extending the registration timeline and impacting trademark use.
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