Mar 25, 2021 (Newsletter Issue 6/21)IP Office Provides Madrid e-FilingStarting March 15, 2021, the Iranian Intellectual Property Center (IPC) has given access to the Madrid e-Filing service to trademark applicants via its website. Brand owners will have the possibility to file international applications online.
An integrated key feature includes in-app access to the Madrid Goods & Services Manager that allows users to check the classification of terms in their list of goods and services.
More information on the notice, please click here May 08, 2018 (Newsletter Issue 9/18)
Accession to Locarno Classification
Iran acceded to the Locarno Agreement, an international classification for industrial designs, on April 12, 2018.
The said agreement will enter into force with respect to Iran on July 12, 2018.
Source: www.wipo.int
Feb 01, 2017 (Newsletter Issue 3/17)Trademark Requirements RevisedThe Iranian Trademarks Registrar has revised the requirements for filing of a trademark application and oppositions in which a copy of the certificate of incorporation or extract of a commercial register has to be now legalized up to Consulate of Iran abroad.
The certificate of incorporation or extract of a commercial register needs to be submitted within 60 days from filing date provided that a simply copy is presented at the time of filing, this deadline may be extended by a period of extra two months.
Source: JAH & Co. IP, Qatar Nov 18, 2013 (Newsletter Issue 16/13)
E-Filing System Completed
The Iranian Industrial Property Office (IIPO) has developed the e-filing system for trademarks, patents, and industrial designs.
Article 167 of the by-law of Patents, Industrial Designs, and Trademarks Act has stipulated that the Registration Authority is required to provide all necessary infrastructures in order to facilitate electronic filing in all the steps of the trademark, patent, and industrial design registrations for both national and international applicants.
Following this guideline, the IIPO launched a website to accept all applications for patent and industrial design registrations since June 2012.
In the second stage of this project, in November of the same year, the portal was developed to accept all applications for trademark registrations and the follow-up process. At this point, the Trademarks Office no longer accepts applications manually and in person; all applicants are required to submit their trademark application electronically and through the website.
In the early stages of this project only a few steps were handled electronically, i.e., initial submitting of the application, announcement, and publication; however, the system was improved during the following months, and now all objections, either objection to a trademark, patent, and industrial design application refusal, or opposition against a trademark application, must be submitted electronically as well.
At this time the development is completed. The whole process of IP registration can and should be filed electronically.
Source: Hossein Badamchi, Ph.D., Reza Badamchi & Associates, Tehran, Iran
Oct 01, 2013 (Newsletter Issue 14/13)
Trademark Office Moved
The Iranian Industrial Property Office has moved to new premises. The purpose is, among others, to gather the Trade Marks Office, Patent Office and Industrial Property Office in one location which were disseminated in Tehran.
The new building is located in the center of Tehran, by the State Department of Registration of Deeds and Properties. The address of the Industrial Property Office is as follows:
Industrial Property Office
No. 5, Fayaz Bakhsh Street
Khayyam Street
Tehran 11146-78111
Iran
Tel/Fax: +98 (21) 66741035
President: Mohammad Hassn Kiani
The Trademark Office is fully operational in the new building. However, nearly all types of applications are filed online on the Trademark Office Electronic Application System.
Source: Raysan Patent & Trademark Agents, Iran
Apr 02, 2013 (Newsletter Issue 4/13)
Additional Formalities to Trademark Applications Required
The Iranian Intellectual Property Office (IIPO) has recently updated its formalities for trademark applications in Iran.
IIPO will no longer accept general terms for products and services; trademark applicants will be asked to submit a serial number specifying each good or service according to the specifications found on the WIPO Nice Classification system found at http://www.wipo.int/classifications/nivilo/nice/index.htm.
IIPO also announced that a power of attorney, certified and legalized up to the Iranian consulate, a certified copy of the company extract, as well as pantone codes of the trademark colors in order to claim colors of the mark (documents which are required in support of trademark applications in the country) must all submitted within two months from the date of notification issued by the registrar, in addition to the serial number.
Source: Saba & Co., Lebanon
Feb 18, 2013 (Newsletter Issue 2/13)
New Payment Regime for Foreigners
The Iranian Trade Marks Office has changed the official fees payment regime in January 2013.
As per the new payment regime, the Iranian Trade Marks Office only accepts payment of official fees for foreign applicants in Euros or Swiss Francs.
In fact, there have been no structural fee changes, but applicants are required to pay the official fees based on the currency exchange rates on the payment day. As the Euro/Franc currency exchange rate is not fixed, the official fees will vary from time to time. The restrictions of international money transactions on Iranian banks have made the payment issue more difficult.
The implementation of the new payment regime will also be imposed on the registration fees for pending applications.
The official fees for Iranian applicants are still payable in local currency, Rials.
Source: Raysan Patent & Trademark Agents, Iran
Dec 04, 2012 (Newsletter Issue 18/12)Trademark Electronic Application System LaunchedThe Iranian Trade Marks Registry launched a system for electronic trade mark application system on November 18, 2012. This development follows successful inauguration of electronic application for patents and industrial designs a few months ago.
Currently, the Trade Marks, Patents and Industrial Design Registries only accepts electronic filing of applications. There have been no changes in filing procedures or formalities requirement, but a new application number format will be assigned automatically by the electronic application system. The original supporting documents (i.e. power of attorney, applicant’s incorporation document) are still required to be submitted to the Office in hard copy.
The electronic platform for filing of trade mark applications and workflow system is available at http://iripo.ssaa.ir. The platform is only designed in Persian and no English version is available yet.
The system provides for examination, correspondence, publication and registration procedures electronically. However, the opposition, hearing, renewal, assignment and license recordation procedures are handled as before.
The electronic platforms for filing of patent and industrial design applications and workflow system are available only in Persian at the same address at http://iripo.ssaa.ir.
The Iranian Industrial Property Office is gradually shifting to a completely paperless office in a phased manner during the next years.
Source: Raysan Patent & Trademark Agents, UK
Feb 23, 2011 (Newsletter Issue 3/11)
New Trademark Filing Requirement
According to the new amendment of the Iranian Trademark Office, it is now required to submit a copy of the Certificate of Incorporation from the Commercial Register or any equivalent document for new trademark applications.
In case the applicant is an individual, then a photocopy of his passport will suffice.
Source: NJQ & Associates
Legal basis is a new Intellectual Property Law “Iran Patents, Industrial Designs and Trademarks Registration Act”, in force since May 2008 and the respective executive By-Laws.
Iran is a member of the Paris Convention, Madrid Agreement and the Madrid Protocol.
Trademark protection is obtained by registration.
Registration of a trademark must contain the following information:
- date (day, month and year) of registration in words;
- name, business, address and nationality of the owner of the trademark and of his attorney (if the application has been made through an attorney);
- name and description of the product or category of products for which the trademark has been registered;
- a brief description of the trademark, with specific reference to the parts that the owner wishes to reserve for his own use exclusively;
- the registration fee;
Israelis or Israeli companies cannot apply for trademarks.
Nice classification, 10th edition.
In the Trade Mark Office Electronic Application System, which was launched in November 2012, the goods and services of interest should be selected from a pre-defined list of goods and services according to the 10th edition of the Nice Classification.
However, the pre-defined list does not include all goods and services. Applicants may apply for goods and services other than the ones listed on the 10th edition of the Nice Classification if they receive a confirmation of the Head of the Trademark Office.
It should be noted that the Iranian Trade Mark Office does not accept trademark applications covering goods in class 33 on the absolute ground. Applicants of international registrations (Madrid Agreement or Protocol) applying for “Beers” in class 32 should clarify that the goods of interest are “non-alcoholic beers”.
According to the article 30(A) of the Iran Patents, Industrial Designs and Trademarks Registration Act “Mark means any perceptible marking which can distinguish goods or services of natural or legal persons.”
This definition only covers the perceptible marks; therefore, this Draft does not protect the invisible marks e.g. sound marks
Registrable trademarks are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, holograms, colours, combinations or shades of colours, three-dimensional forms, the three-dimensional form of a good or its packaging and any combination of the mentioned signs.
The following trademark types are registrable: trademarks, service marks, certification marks, trade names and titles of establishment.
Device and figures of women and words that are considered as contrary to good morals and public order are not registrable.
The following items are subject to compulsory registration: pharmaceutical, medicinal, veterinary and toilet preparations and the packaging of foodstuffs and beverages.
The applications are filed online at the Iranian Intellectual Property Office (IIPO) Website.
Multiple-class applications are possible. There is no limitation regarding the number of classes in Iran.
Foreign applicants need
1) A local agent and an address for service.
2) A Power of Attorney, executed by applicant, notarized and then legalized by the Iranian Consulate and a Persian official translation thereof.
3) A certified or notarized copy of the Certificate of Incorporation or extract of a commercial register.
In case of urgent matters, the application can be filed using scanned copies of the simply signed documents of power of attorney and extract of commercial register. Upon issuance of the deficit notice, the missing documents can be submitted within 60 days. The deadline can be further extended for another 60-day period (free of charge).
A trademark application undergoes examination on absolute and relative grounds. A mark acquired distinctiveness through extensive use is registerable.
The time frame for a trademark application to mature registration is approx. 10 months.
An examined application will be published in the Trademark Gazette for opposition purposes (first publication).
A registered mark will also be published in the Trademark Gazette (second publication).
By the second publication, the public is deemed to have knowledge of the trademark registration and may be subject to criminal prosecution in the event of infringement of the related intellectual property rights.
National:After the first publication of the trademark application, any person who believes that the trademark for which the application was filed belongs to him may file an opposition to the application. Similarly, a person who believes that the trademark application is sufficiently similar to his own trademark must send his letter of opposition to the Iranian Intellectual Property Office.
If the person filing the opposition has not already registered the trademark in his name simultaneously with his opposition, he should apply for registration of the disputed trademark.
The opposition period is 30 days from the date of publication of the application in the Trademark Gazette (first publication).
Action for cancellation of a national trademark:
If a person believes that a registered trademark belongs to him or is sufficiently similar to his own trademark, he may file an action for cancellation with the competent court, Chamber No. 3 of the Tehran State Civil Court. The action for cancellation may be filed at any time.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
A registered trademark is protected from the date of application.
A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing an application for a trademark is IRR 400,000 for one class and IRR 40,000 for each additional class. The official publication fee depends on the number of the words of the advertisement, but it starts with IRR 1,600,000. The registration fee is IRR 2,400,000 for one class and IRR 200,000 for each additional class.
The Iranian Trade Marks Office only accepts payment of official fees for foreign applicants in Euros.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
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Mar 07, 2022
Abu-Ghazaleh Intellectual Property, Tehran, Iran