Trademark services we provide:
- General advice
- Helping choose a good name
- Trademark searching
and availability analysis
- Devising and implementing brand protection programmes
- Preparing and filing trademark applications
- Dealing with registry and/or 3 rd party objections
- Opposition proceedings
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- Revocation proceedings
- Challenges to the validity of registered trademarks
- Trademark infringement and passing off
- Commercial exploitation (licensing, franchising etc)
- Assignments (transfer of title) & renewals
- Valuations
- Trademark watching and portfolio management
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The ONLY way to secure statutory
rights to a name is to obtain a trademark registration.
Useful tips
Make sure your trade mark is a distinctive word, logo,
picture or other sign that will clearly identify your goods or services from those
of other traders.
Made-up words, logos or pictures are normally distinctive unless they have become
customary in your line of trade.
Even normal dictionary words may be acceptable as long as they do not fall foul
of these guidelines. Our Search and Advisory Service can give you a definite opinion
as to whether your trade mark is distinctive.
If you think the Trademark registrar are unlikely to agree
that your trade mark is distinctive, you may want to consider including a prominent
invented word, logo or picture in your mark.
How is my trademark registered?
When you register a
trademark in Iran the process is completed through Iran
Trademark and Patent Office, giving the registrant far wider protection and making any infringement
much easier to deal with.
Unfortunately , a formal
trademark search is not provided by Iran Trademark and Patent Office.
The application stage
generally takes around five months to complete. Once a trademark application has
been accepted by the Trademark and Patent Office, it will be advertised in the Gazette
Journal, which is published every day. The Journal advertisement will last for a
period of one month, which allows any interested parties with justifiable cause
to oppose the registration of a trademark. Opposition is the legal procedure, which
allows anyone to try and stop the registration of a trademark. They may only do
this by filing the appropriate documents with the Patent Office.
The most common reasons for someone wanting to oppose the registration of a trademark
are:
1. They think the trademark is one which is not unique to the applicant and
should be free for everyone in that line of trade to use
2. They own a brand name (which does not have to be a registered trademark)
which is the same as, or similar to, the applicant's mark.
If the formal application
receives opposition following the Journal advertisement, we reserve the right to
charge additional fees to handle any legal matters arising from the opposition.
If no oppositions are received, the trademark will automatically become registered.
Trademark Registration - what is included?
The registration process
includes the following:
1. Application to register a trademark with Trademark and Patent . The application
can take approximately 5 months if no objections are raised.
2. Forwarding of Trademark Certificate upon registration.
3. 10 year registration upon successful application.
We will ensure that
you are kept informed of the status of your trademark application during the process.
Any person, natural or legal, who has a bona fide intention to use a mark (either
himself or by authorizing another person to do so) for the goods or services specified
in the application, may apply to the Iran IP office.
Who can apply for the trademark?
Any person, natural or legal, who has a bona fide intention to use a mark (either
himself or by authorizing another person to do so) for the goods or services specified
in the application, may apply to the Iran IP office.
What can be registered
as a trade mark?
Any available name can
be registered as a trade mark for a product or for a service if it complies with
the legal requirements. Slogans, logos, designs, even shapes, colours and get-up
and 3D can be registered as trade marks.
How long is the trademark valid?
It is valid
for 10 years and can be renewed for further periods of 10 years. However, after
the expiry of 10 years, the owner of the trademark is allowed an extra six months
to apply for the extension.
How long does it take
to get a trademark?
The process of a trademark registration takes between 4 months up to two years.
It depends on if there are any objections.
Can I stop someone using my name as a domain name if I have already registered the
name as the trade mark?
You may well be able to stop them if they are trading in the same area of business
and particularly if you can show that they are acting in bad faith.
In what territory is
a trademark valid?
A trademark
is only valid in the country where you have applied for your trademark. Therefore,
if you wish protection in more than one country, you must apply in each of those
countries for your trademark.
Does the trademark registrar conduct any checking prior to the registration?
An intending
applicant will in all like hood have a search undertaken for prior conflicting marks,
the registry will conduct a search of identical and similar earlier marks.
It will then examine the application in the light of both the absolute and relative
grounds of objection. Once the Registrar is satisfied that the application meets
the conditions specified in the Act, it must be accepted.
Who can file an objection
to a trademark registration?
Any person may within 30 days of publication of the Trade Mark Journal launch a
formal opposition.
What is a 3D Trademark?
A 3D
signs can be the shape of goods or their get-up (packaging). We recommend 3D trademark
if the shape also characterizes the company and get-up (e.g. bottle of Coca Cola)
Objection
For objecting the registration, an application should be filed with Tehran Civil
Court.
a- In case the user of the trademark is informed of its registration, he/she should
file an application with the Civil Court within 3 years of its registration.
b- After 3 years, at any time that the previous user of the trade mark is informed
of its registration, he/she may file a claim with Tehran Civil Court.
Amendments
Amendments shall be entered on a certain form (official declaration)
published by the Trademark Registration
Department.
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