According to the Persian Law, “mark” is any visible sign capable of distinguishing the goods or services of legal entities or of natural persons.
Article 32 of the Persian Trademark Law states that: “A mark is not registrable in the following cases:
- if it is not capable of distinguishing the goods or service of one enterprise from those belonging to another enterprise
- If it is contrary to Rules of Sharia, public order or morality”;
- If it is likely to mislead the public or trade centers, in particular as regards the geographical origin of the goods or services concerned or their nature or characteristics;
- If it is identical with, or is an imitation of or contains as an element, an armorial bearing, flag or other emblem, a name or abbreviation or initials of the name of, or official sign or hallmark adopted by, any State, intergovernmental organization created under and international convention, unless authorized by the competent authority of that State or organization;
- If it is identical with, or confusingly similar to, or constitutes a translation of, a mark or trade name which is well known in Iran for identical or similar goods or services of another enterprise;
- If and identical or similar mark has been registered or become well known for services that are not similar provided that customarily there is a connection between the use of the mark and the owner of the well known mark and that its registration is likely to damage interests of the owner of the well-known mark;
- If it is identical with a mark registered in the name of a different proprietor with an earlier filing date or a priority right in respect of the same goods or services or for goods and services that, due to connection or resemblance, is likely to deceive or cause confusion.
Trademarks covering alcoholic goods are not registrable.
With an application trademark it is possible to claim protection for more products and services in more classes.
Where a mark is accepted, the Trademark Office shall publish the mark and any interested party may oppose the registration within thirty days after the publication of the mark. The trademark Office shall send a copy of the notice of opposition to the applicant. The applicant may furnish the Trademark Office with a written reply to such opposition. If no reply is received, the applicant shall be deemed to have abandoned the application.
The term of duration of the registered mark shall be ten years from the date of filing the application for registration and can be renewed indefinitely, each time for ten years.
Any interested party may request the cancellation of a trademark registration if the owner fails to use such a trademark in Iran within 3 consecutive years from the date of registration.
According to respective law, it is mandatory to record all kind of changes i.e. change of name, change of address, assignments, mergers, license agreements etc.