Trademark Services
In globalization age, today's development and management of intangible assets have become a major priority to many organizations and businesses. Trademarks for many enterprises are fabulous stories of success and their most valuable assets.
As high technology proves to be a daily surprise basket of new products, Trademarks begin to carry an important weight as a distinguished aspect of the already established known brand.
We, at MIRAK IP, are fully aware that trademarks are not just mere logos, distinguished colors, slogans, sounds and alike but also a trustworthy tool through which businesses can achieve a sustained competitive advantage and can be remembered and associated in the minds of their consumers.
Our firm has extensive experience with trademark protection, helping companies select names that can be protected by trademark law, and assisting clients with registration and infringement matters.
We are experienced in the following types of trademark work:
Filing and prosecuting local as well as international trademark applications.
Prosecuting trademark oppositions and cancellations before the Trademark Trial and Appeal Board.
Rendering legal opinions concerning the ability to use and register trademarks.
Preparing cease and desist letters in the event of trademark infringement and resolving infringement situations to a successful conclusion.
Litigating trademark and trade dress disputes, including proceedings in federal court, and the Trademark Trial and Appeal Board.
Filing administrative complaints in the area of domain name disputes.
Preparing and negotiating trademark license agreements and assignments.
Conducting due diligence in connection with mergers and acquisitions.
Information about trademark in Iran
The Law of Registration of Patents, Industrial Designs and Trademarks was first passed by parliament on 23 January 2008, and is to be temporarily implemented for five years effective from May 5, 2008.
The new law, unlike its predecessor gives priority to patents and industrial designs over trademarks and is substantially more scrupulous in the protection of these instruments, as it is of intellectual property rights.
Iran is a signatory to the International Convention for Protection of Industrial Property (also known as the Paris Convention) and in December 2003 became a party to the Madrid Agreement and the Madrid Protocol for the international registration of marks.
Summary
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, 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.
Representations
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.
Printing block
The required printing block will have a maximum size of 10 X 10 cm, if the mark consists of a word or words in ordinary print without any distinctive sign, no printing block is to be required.
Certified Copy of Home Registration
In the case of a trademark previously registered in a foreign country, certified copy of such registration in the original language with a non-legalized translation into Iranian language will be required.
Power of Attorney
The required power of attorney shall be attested by notary public and legalized by Iranian consul (or certified copy of such power). The power of attorney should contain the full names, address, nationality, and trading name; signature in full, no initials. The notary public should also attest whether the applicant is a merchant, manufacturer, proprietor of a concern or a company, in which latter case he should likewise certify that the signatory is authorized to sign on behalf of the company. (A single power also covers future applications).
Collective Marks
For the registration of a collective trademark (intended to identify the product of a society, a town or city, or a district of a country), a certificate issued by a competent authority attesting the right of use of the trademark by the manufacturers of the goods covered by that mark must be filed.
Duration:
Term
The duration of the registration of a trademark shall be 10 years as from the filing date of the application for registration.
Renewal
The registration of a trademark may be indefinitely renewed for periods of ten years on application to be made preferably within 6 months before expiration. There is a 6-month grace period within which late renewal application can be filed at no extra tax.
Requirements for Renewal
The following shall be the requirements to renew a trademark registration:
Application in duplicate, signed by the proprietor of the mark or his legal attorney, with a print of the mark.
Use Requirements
If an owner of a mark, his legal agent, or successor does not use it without any legitimate reasons in Iran or abroad within the period of three years from the registration date, such mark may be canceled if applied for by any concerned party. Trademark owners are not required to submit any proof of use of the mark, unless a third party files a request for cancellation on the ground of non-use during the term indicated above
Cancellation
If the owner of a mark, his legal agent, or successor does not commercially use the mark during three years from the date of registration, any interested person may request the cancellation of such mark without mentioning any grounds therefor whether in or outside Iran.
Valid Applicants
The following may apply for registration of a trademark:
The first user of a trademark, whether it be a firm, a person, a corporation, or the State.
Foreigners and persons not residing within Iran, through representation by an authorized attorney.
Requirements for Iran
Filing Requirements
A Power of Attorney legalized up to the Iranian Consulate.
Prints of the trademark (not required for word mark).
The name and address of the applicant.
The list of the goods and the classes pertaining thereto.
A priority document if priority is to be claimed.
Renewal
A Power of Attorney legalized up to the Iranian Consulate.
Recording Assignment and Merger
Certified and legalized Power of Attorney up to the Iranian Consulate from assignee.
Certified and legalized version of deed of assignment up to the Iranian Consulate.
Original and valid Iranian registration certificate for endorsement of assignment.
Recording License Agreement
The certified license agreement
Power of Attorney legalized up to the Iranian Consulate.
Valid Iranian trademark certificate for endorsement.
Recording Change of Name
Power of Attorney duly legalized up to the Iranian Consulate in the owner’s new name.
Valid Iranian trademark certificate for endorsement.
A certificate showing the relevant change of name legalized up to the Iranian Consulate.
Recording Change of Address
Power of Attorney duly legalized up to the Iranian Consulate.
A certified certificate showing the relevant change of address.
Valid Iranian trademark certificate for endorsement