Z.A. AFSHARI LAW FIRM


Go to content

Trademarks

FAQS

Is registration of trademark compulsory in Iran?

No. but it is compulsory for cosmetics, foodstuffs and pharmaceuticals.

Does the applicant should provide any proof of use?
No, it isn’t needed.

Is claiming priority a must?

No, it isn’t.

Does priority document needs any legalization?
No, certified copy of the said document issued by the relevant office suffices.

How many classes can a single application cover?
There is no restriction. Single application may cover any number of classes.

How many goods /services maybe included under any class? Is there any limitation?
There is no limitation.

Does the above chance for unlimited classes / goods per class incur extra costs?
Yes, there will be extra publication fees and more fees for additional classes.

Are there any other disadvantages for inclusion of many classes and goods?
Yes, the more classes and goods the more chance of refusal /opposition due to similarity with prior registrations /applications.

How long does it take for a normal trademark application to be granted in Iran?
Usually between 6 to 8 months.

How many years a registered TM will remain valid and how the said period is calculated?
Any registered trademark will remain valid for 10 years from application date

When the applicant is allowed to apply for renewal of its registered TM? Is there any grace period? And is there any fine for late renewals?
Renewal is possible from 9th anniversary from application date. Registered trademarks should be renewed after 9th anniversary and before 10th anniversary. There is also six months grace period. Renewal in grace period results 50% fine.

Is there any way to revive a trademark which is not renewed in time or in grace period?
No, there is no way to revive such a trademark. The applicant should re-file its trademark.

What are special general prohibitions for registration of trademarks in Iran?
In accordance with prevailing law and Islamic principles, no one is allowed to apply for registration of alcoholic beverages, any kind of beer and any trademark which is contrary to public order.

Is there any local classification system of goods / services in Iran?
No, there isn’t.

Is it possible for intended TM to be a combination of word mark and figurative elements? If yes, does such an application incur extra official / professional fees?
Yes, it is possible to apply for registration of such trademarks and it doesn’t incur any extra costs.

Is recordal of changes mandatory?
Yes, it is mandatory. All changes should be registered.

Is there any time limitation for recordal of changes? And is there any fine for late applications?

No there is no time limitation. It is advised that such changes recorded as soon as possible because the law recognizes the registered owner as the legitimate proprietor of the mark and the owner can do nothing for protection of its registered TM if it is not able to a clear legal relation between the registered TM and the current owner.

Is it possible to abandon a whole registration or partially?
Of course it is possible.

Does such abandonment incur any costs?
It depends on the time you are going to abandon the mark totally or partially. You may abandon a registered TM for free by non-payment of renewal fees but to abandon a valid TM you should pay relevant fees.

Is it compulsory to use a registered trademark?

Yes, it is compulsory. By virtue of prevailing law any registered trademark which is not used by the registrant within three years after registration date can be cancelled.

Does cancellation procedure happen automatically?

No. An interested party should ask the competent court to cancel the registered TM due to non-use.

Is late filing of documents possible?
Yes, it is possible in some cases.

Is it possible for more than one applicant to apply for one single application?
Yes, it is.

Does Trademark Office in Iran render search services?
No, it doesn’t.

How long is the term for opposition against newly approved applications?
30 days after publication.

Is it possible to extend the said respite?
No, it isn’t.

If a new application is refused by the Registrar, what will be the term for filing opposition against the refusal?
30 days for applicant resident in Iran and 60 days for whose domicile is out of Iran.

Does the above respite can be extended?
No, it can’t be extended.

How long after filing can we get filing receipt?
We will provide you with scanned copy of filed application at the same date.

Will the Office issue any document to confirm receipt of the application? If yes, when and how can I get the official filing receipt?

No, it doen't. We can jut provide you with printout of online system. Of course you can also check the status of filing on the Registrar's system too. We will also send you the said printout along with English translation at most within 48 hours after filing date via mail.

How long will it take from filing an application till obtaining registration certificate assuming a straightforward case? Between 6 to 8 months.

Will you help us to check the correctness of the goods covered by the application free of charge to make sure they are acceptable to the Office?
Yes, by all means.

Is there any publication for approved applications and registered trademarks?
Yes, there is.

How long does the period of Publication last?

There are two different publications. All notices remain waiting for publication between 15 to 30 days. After first publication there is 30 days respite for third parties to file their probable opposition against our application. 2nd publication is for declaration of registration only. Immediately after the latter publication the registration certificate can be issued in the name of applicant.

Please do not hesitate to contact us should you need any more information.


Sub-Menu:


Back to content | Back to main menu