Trademarks, commonly referred to as brands and logos, are among the most important and sought-after types of intellectual property assets. They have also been the subject of numerous disputes in Iran’s courts. Trademarks have long held special interest for businessmen and commercial entities, leading to fierce competition among these organizations. These marks are used to distinguish and identify goods and services from similar offerings provided by competitors. According to the Law on Protection of Industrial Property enacted in 2024, a trademark is defined as follows: “A trademark is any visible sign that distinguishes the goods or services of individuals.” Therefore, any shape, image, letter, number, or phrase that distinguishes the goods and services of one person from those of others can be considered a trademark. If registered, it is protected by law. The most important characteristic of a mark, as noted in the definition, is distinctiveness. If this characteristic is lacking—such as when two marks are similar and customers are misled about which mark belongs to which person or company—registration of the mark will not be permitted.
Benefits of Trademark Registration
Trademark registration offers numerous benefits to individuals, businesses, and companies, including:
- Legal Protection: The most significant benefit of trademark registration is the legal protection it affords trademark owners. This registration grants owners exclusive rights to use and exploit their trademark, preventing unauthorized use or infringement by others.
- Brand Identity and Reputation: A registered trademark helps establish the identity and reputation of its owner’s brand in the market, fostering trust among customers.
- Increased Business Value: Trademarks are considered intellectual assets that can enhance the value of a business. They can be licensed or assigned, providing additional revenue opportunities.
- Market Positioning: Trademark registration enables business owners to prevent competitors from using similar trademarks in connection with comparable goods or services, thus strengthening their position in the market.
- Marketing Advantages: A registered trademark serves as a vital tool in marketing strategies, helping to create a unique identity that attracts consumers.
Unregisterable Trademarks
According to Article 96 of the Law on Protection of Industrial Property, the following items cannot be registered as trademarks:
- A mark that does not distinguish the goods or services of one person from those of others.
- A mark that contravenes religious, legal, or public order standards.
- A misleading mark that confuses consumers regarding the geographical origin of the goods or services or misrepresents their characteristics, such as type, quality, quantity, or price.
- A mark that is identical to a mark that is already well-known in Iran for the same goods or services.
- A mark that is similar to or a translation of a mark or trade name that is already well-known in Iran for the same or similar goods or services, provided it misleads the public.
- A mark that is identical or similar to a military emblem, flag, or other national emblem, or the name, abbreviation, or initials of a name or official emblem of a country or international organization, unless the relevant authority has granted permission for its registration.
- A mark that is identical or misleadingly similar to signs related to historical periods or ancient monuments.
- A mark that is identical or similar to signs issued by certifying organizations and authorities, such as the National Standards Organization of Iran and the Ministry of Health, Treatment, and Medical Education, to certify goods and services.
- A mark that is identical to another registered industrial design for the same goods or services.
Documents Required for Trademark Registration
To register a trademark, the following documents are required:
- Passport of the
- A certified copy of documents indicating activity in the relevant field, such as a business license, registration license, activity license, or any license from legal authorities.
- A photo of the trademark (a 6×6 cm image in JPEG or JPG format). If the mark is three-dimensional, the sample submitted should clearly show all dimensions and angles.
- copy of the original business card (if the mark’s title includes words or letters in Latin characters, or if export is requested).
- A certified copy of the official gazette of the establishment and any recent changes of the company (for legal entities).
- Representation documents (Power of Attorney) if a legal representative is involved.
Trademark Registration Steps
The applicant must first log in to the Intellectual Property Center website at https://iripo.ssaa.ir/ and sign up before registering the trademark. After registering and entering the personal portal, the “Trademark Registration Application” option should be selected, and the following steps should be taken in order:
- Select the type of application.
- Fill in the owner’s information. This section requires the owner’s details, which can be either a natural person or a legal entity. If the applicant intends to use a lawyer to handle notifications, the lawyer’s details must also be provided.
- Fill in the trademark information. This includes uploading an image of the trademark and providing a description of the mark.
- Select the type of goods and services and the relevant class or classes.
- Confirm the information and documents.
- Pay the registration fee online.
- Receive the application number and password via SMS.
- Obtain a certified copy of the original identity documents and documents related to the activity from a notary’s office.
- Submit the application. After completing the above steps, the application will be entered into the Intellectual Property Office for review by experts. If there are no issues, the applicant will be notified of the registration and final payment.
- Publication of notices. The first round of notices will be published in the intellectual property system so that any third parties who have objections to the application can submit them to the registration authority. After one month from the publication of these notices, if there are no objections, the trademark will be published in the second round of notices, and the final fee will be paid and registered.
Frequently Asked Questions
- How many years is a trademark valid?
The validity period of a trademark is 10 years, which can be extended. After 10 years, the trademark owner is given a 6-month period to renew the trademark and pay the relevant fees. If this fee is paid during this period, the trademark is extended for another 10 years. Otherwise, any other person can register that trademark and claim ownership.
- How long does the trademark registration process take?
The process typically takes at least 2 to 3 months but can take longer depending on issues such as objections from experts or third parties.
- How is a trademark different from a logo?
A trademark can include logos; in fact, it can be registered in three forms:
- It can consist solely of words and letters.
- It can be only an image.
- It can be a combination of words, letters, and images.
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