Registration and Trademark

Brand registration and trademark-alemohamadlaw

Manufacturers and business owners always choose a name for their products that is known and introduced after being recognized by the target market (customers). The first step in starting a business, whether manufacturing or giving service, is to select and register trademarks. This brand differentiates your services or products from competitors and your customers will know you by that name.

After choosing a brand, the first thing you need to do is register your brand or trademark. Brand registration means that you register that brand in the system of the country’s intellectual property office (which is in charge of registering trademarks in Iran) so that it is recognized and no person or company can later use that mark or name in your field of activity.

Trademark registration is optional by law, unless required by the government. According to the decision of the Cabinet of Ministers on May 3, 1328, the registration of symptoms is mandatory for each of the following cases: 1) specific medicines used in medicine 2) food that is offered in special wrappers and containers. 3) Cokes and sparkling water 4) Cosmetics that are used for direct use on human skin.

Trademarks should have features such as:

A) Do not mislead customers.
B) It must be distinctive and innovative.

To register a trademark, first prepare the following documents:

A real person:

  1.  Copy of the applicant’s identity card
  2.  Copy of the applicant’s national card
  3.  Copy of business card (if Latin letters are used)
  4. Copy of activity license (establishment license, exploitation license, manufacturing license, business license or business card or any activity certificate issued by government regulatory bodies)
  5. Sample trademark

Legal person:

  1.  Copy of the CEO’s ID card
  2.  Copy of the national card of the CEO
  3.  Copy of the founding newspaper and the latest changes of the company (from the last changes of the company should not be more than two years ago)
  4.  Copy of activity license (establishment license, exploitation license, manufacturing license, business license or business card or any activity certificate issued by government regulatory bodies)
  5.  Copy of business card (if Latin letters are used)
  6.  A sample of the requested mark (in a 10 by 10 box)

Note: If your desired mark or name is not used in the image to register Latin words or letters, a business card will not be required.

Then refer to the industrial property system (trademark registration section) at sherkat.ssaa.ir and complete the steps of registering a trademark declaration according to the type of natural or legal person. The applicant must specify which chapter and class his trademark belongs to. After completing the requested information, upload the mentioned documents in the system, and at the end, review and confirm the entered information, and pay the initial registration fee online. After this step, a tracking number will be sent to you.

The Industrial Property Office shall examine the declaration in terms of compliance with the terms and conditions set forth in this law, and if it observes any defects in them, it shall notify the applicant of the steps to be taken to remedy the defects. It is noteworthy that the office’s response can be seen only through the follow-up section of the declaration and the case summary, and all correspondence regarding the declaration is possible through this system.

According to Article 9 of the Law on Registration of Trademarks and Inventions: “In the following cases, the branch manager mentioned in Article 6 will reject the application for registration:
۱) If the mark is contrary to the provisions of law.
۲) If the mark is already registered under another name or the similarity of the mark with another mark that is registered is such that it misleads ordinary consumers, ie people who do not have special information.

If the Industrial Property Office determines that the conditions set forth in this law have been met, it shall register the mark and publish an announcement related to its registration. (Payment of trademark registration fees is the responsibility of the applicant).

It is necessary to explain that in the official newspaper, with the name and address of the owner of the mark and the goods in which the mark is used, it is advertised with all the specifications.

After the announcement of the declaration and until the registration of the mark, the applicant has privileges and rights that will be enjoyed if registered. However, if a claim is filed by the applicant for an action taken after the announcement of the declaration and the defendant proves that the mark was not legally registrable at the time of the action, the defendant will defend himself and the case of registration or non-registration The appropriate decision mark shall be taken and if within 30 days from the date of publication of the protest notice by the interested parties, the registration office shall register the requested mark in the name of the applicant in the special office and submit the registration certificate to the applicant. . (Using materials 6,7,7,10,11 A.Q.S.A.V.1).

It is worth mentioning that if the objector proves, the objector was aware of his / her continued use of the sign before requesting the registration of the mark by the objector and has not made any objection, in which case the court objected to the registration of the mark. The protester will not act and the mark will be registered in the name of the protester. This is because the legislature protects the rights of someone who has a longer history of using the mark before applying for registration, provided that it does not deceive or infringe on other rights.

If the owner of the mark does not knowingly object to the use of another, this is a reason for his waiver of his right and in fact a kind of implicit permission for another use, in which case the person can not after the mark is known by another and It made his product famous under the pretext of precedence