In today’s world brand and trademarks are an integral and influential part of every business, and it will be difficult to imagine a business growing and expanding without proper registration of their brand.
We previously touched upon the overall framework for registration of trademarks in Iran and briefly discussed the legal requirements for registration of a trademark/brand. But what are the procedural steps and what documents are required for that purpose?
There are three common ways to apply for registration of a mark before Iran’s Trademark Registration and Intellectual Property Office. 1) in person submission of application, 2) registration through an attorney, and 3) online application through the Registrar’s website at iripo.ssaa.ir. In practice however, all registration applications now must be filed online, regardless whether the applicant files the application himself or through an attorney.
Submitting an application (and subsequently registration) comprises of the following steps:
- Submission of an electronic declaration for registration of the mark and payment of the associated fees
- Publication of notice for registration application in the official gazette post approval of the trademark office
- Clearance (no objection by third parties to the published application)
- Registration of the mark in the name of the applicant (or the principal applicant if the application is submitted through an attorney) by the Trademark Office
- Issuance of ownership certificate in the name of the applicant
We earlier listed the mandatory characteristics of a mark in accordance with the legislation in a separate post; now let us review what documents are required throughout the application/registration process.
Should the applicant be a natural person, below documents must be submitted alongside the application:
- Copy of the individual’s national ID card and birth certificate
- Copy of Commercial Card (this will be specifically required depending on the description of the mark, for instance, if a mark contains Latin letters)
- Copy of relevant license and permits (establishment license, retail/wholesale license, business permits) showing relevance between the mark/application in question with the category in which the application is requested to be filed
- A graphical sample or image of the mark in question in a maximum 10*10 cm dimension
For applications by/on behalf of legal persons, following documents will be required:
- Proof of identity for representative of the legal entity plus a power of attorney
- Copy of the entity’s establishment gazette together with the gazette showing the latest changes in the entity (which should not be older than 2 years)
- Copy of relevant license and permits (establishment license, retail/wholesale license, business permits) showing relevance between the mark/application in question with the category in which the application is requested to be filed
- Copy of commercial card
- A graphical sample or image of the mark in question in a maximum 10*10 cm dimension (for 3D marks, the image for each dimension must be also submitted with the application)
A commercial card will not be required if the mark/ the name of the applying entity does not contain Latin letters.
The Trademark Office will assess the application in terms of compliance with mandatory requirements and will inform the applicant of any defects. All communications between the Trademark Office and vice versa happen in the application portal.
Upon rectifying defects (if any), is trademark officer assigned to the application conclude that all mandatory requirements are adhered to by the applicant, the mark will be registered and such registration will be published in the official gazette for the information of public. Such notice includes name and address of the trademark owner, registered category and any relevant remark such as exclusive/non-exclusive right of use.
The registration certificates are valid for a period of 10 years from the date of registration declaration.
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