Trademark registration in Iran

Iran is located at the intersection of Central Asia, the Middle East and South Asia, playing an important role in international trade routes – a potential gateway for exports, transshipment of goods and services. Iran has many potentials to develop tourism such as a long-standing historical culture, possessing many unique monuments, landscapes and diverse climates, majestic natural landscapes, attracting international tourists. Iran is famous for its 4th largest oil and gas reserves in the world, providing an abundant source of income and a base for its chemical industry. Owning many other minerals such as metal ores, precious stones, building materials, contributing to economic diversification. Iran’s participation in many international organizations, facilitating economic, trade and technical cooperation with other countries such as the JCPOA nuclear accord opens up vast potential for cooperation with Western countries. Therefore, more and more enterprises invest in Iran, in order to be able to distinguish their brand from other competitors, enterprises need to pay attention to trademark registration procedures. Viet An Law Firm would like to guide customers preliminarily through the procedures for trademark registration in Iran through the article below.

Legal basis

Law on Patents, Industrial Designs and Trademark Registration 2008

Definition of trademark in Iran

A trademark in Iran is any tangible mark capable of distinguishing goods or services by legal entities or individuals. This includes:

Words: Include proper and trade names.

Logo

Slogan

Design (images, icons)

Mark

Box (product packaging)

These signs must be able to distinguish a company’s products or services from other companies and must not be contrary to public order or morals. Iran also recognizes non-traditional trademarks, such as:

Holographic brands: These are trademarks that show the shape of the product itself.

Color brand: A separate color or color combination can be a trademark.

Conditions for trademark registration in Iran

Distinguishability: The trademark must be able to distinguish the goods or services of the enterprise company from other companies. A trademark should not simply describe a product or service.

Legal: A trademark must not be contrary to public order or morals. A trademark must not infringe any existing trademark or intellectual property rights.

Tangible sign: A trademark should be a tangible sign. These include: words, logos, slogans, designs, accents, boxes (product packaging), and even sounds (although sound trademarks are not common). Iran also recognizes non-traditional trademarks such as:

Holographic brand: The shape of the product itself can be a trademark.

Color brand: A separate color or color combination can be a trademark.

Types of trademarks that can be registered in Iran

Iran recognizes more types of trademarks than some other countries. Here are the types of business trademarks that can be registered in Iran:

Traditional brands

Words: Include brand names, product names, slogans, and even proper names used as trademarks.

Logo: This is the visual symbol that represents the brand of the business.

Design: Can be two-dimensional (like a logo) or three-dimensional (like a product shape).

Seals and Boxes: Can be used on packaging or documents to identify the brand of the business.

Non-traditional trademarks

Color mark: A separate color or combination of colors may be a trademark in Iran. For example, the distinctive blue color of the Tiffany box is a registered trademark.

Audio trademarks: Although less common, sounds associated with an enterprise’s trademark, such as ringtones or product sound effects, are likely to be registered as trademarks in Iran. Think MGM lion roar or NBC bell.

Holographic brand: The unique shape of the product itself can be a trademark. For example, Coca-Cola bottles with special shapes are protected by trademarks.

Trademark registration documents in Iran

To register a trademark in Iran, the applicant needs to prepare a complete dossier. Here are the usual documents needed:

Information about the applicant:

A copy of the applicant’s passport or business registration certificate (depending on the case of an individual or legal entity)

Full contacts

Trademark information:

• Visual representation of the brand (logo, design images, etc.) in good quality
• A detailed description of the trademark (if necessary, especially for non-traditional trademarks)
• List of classes of goods or services according to the International Classification of Industries of Goods and Services for which the mark will be used
• Statement of trademark ownership (if any)

Additional documents (may require):

• Power of attorney (if the representative submits an application)
• Farsi translations of non-Farsi documents (if applicable)
• Proof of prior use of the trademark (if applicable)

How to file for trademark registration in Iran

Direct Submission: You can go directly to  the Intellectual Property Center of the Islamic Republic of Iran at No. 3, Fayazbakhsh Street Khayam Street Imam Khomeini Square Tehran to submit your application and related documents.

By Post or Fax: You can send the application form and all required documents via postal service or courier service to the address of the Intellectual Property Center of the Islamic Republic of Iran at No. 3, Fayazbakhsh Street Khayam Street Imam Khomeini Square Tehran.

Registration of trademark protection in Iran through the Madrid System

The Madrid system is a convenient and cost-effective solution for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.

Madrid Agreement:

Iran joined the Madrid Accords on December 25, 2003.

The Madrid Agreement allows trademark owners to register their trademarks in a single member state (“country of origin”) and then extend protection to other member states (“nominating countries”) through a single international application.

Madrid Protocol:

Iran accessed the Madrid Protocol on 25 December 2003.

The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.

The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.

Trademark registration dossier under the Madrid System

• The Madrid Applications include the Madrid Singles of Vietnamese origin and the Madrid Applications with Iranian designations.
• For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:
• Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
• 02 MM2 declarations according to the form of the International Office in English or French;
• 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
• 02 MM18 declarations in English (if the application has a US designation);
• Written authorization in Vietnamese (According to the form of Viet An Law Firm);
• Documents of payment of fees for international registration of trademarks of Vietnamese origin;
• Other relevant documents (if necessary).

Application fees through the Madrid System

The fees include:

• Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and
• Additional fees depend on where the claimant wishes to protect his trademark and the number of groups of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

Trademark registration service in Iran of Viet An Law Firm

• Perform the search and notify you in writing of the results of the trademark search in Iran;
• Drafting dossiers and directly submitting and monitoring the status of trademark application filings in Iran on behalf of trademark owners;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Iran;
• Assist in monitoring, representing the resolution of objections and responding to intellectual property representatives carrying out procedures in Iran.
• Receive dispatches, certificates and hand over to customers (if any).

If you want to file a trademark application in Iran, please contact Viet An Law Firm for the most effective support.