Protection of IP Rights in Iran

The protection of trademarks in the Islamic Republic of Iran is ensured by national legislation and the country's participation in key international conventions in this area. Iran safeguards both individual and collective trademarks, encompassing both figurative and verbal forms.

For European businesses exporting to Iran, it is crucial to proactively register their trademarks within the country. Ownership of a commercial trademark in Iran provides a range of rights, the most significant being the ability to apply for and secure licenses for the importation of foreign goods. Only the company holding the trademark, its authorized local agent, or other legally empowered representatives are eligible to submit such license applications to the Iranian Ministry of Commerce and Industry. Trademark registration in Iran can be pursued through two methods: the "National deposit" and the "International deposit," with distinct advantages and conditions for each, as outlined below.

Trademark Registration via "National Deposit" in Iran
Trademark protection in Iran is governed by the Law on the Registration of Patents, Industrial Designs, and Trademarks. European entrepreneurs may file for trademark registration through a legal representative with the Iranian Industrial Property Office, submitting the necessary application along with a reproduction of the trademark and classification references in accordance with the Nice Agreement. It is highly recommended that businesses refrain from assigning this responsibility to local agents or distributors, as they could, in bad faith, file the application under their own name and unlawfully acquire ownership of the trademark.

There are generally no restrictions on the registration of foreign trademarks in Iran, except under the following conditions:

• The trademarks conflict with Islamic law (Shari'a), public order, or morality;

• They are likely to cause confusion with existing brands;

• They bear resemblance to trademarks already registered in Iran;

• They may mislead the public regarding the origin, nature, or characteristics of a product;

• They contain state symbols or emblems associated with governments or international organizations.

Iranian law also provides protection for "well-known trademarks," which refer to trademarks that, while not officially registered, have become widely recognized in the market and are strongly associated with specific products. Regarding well-known trademarks, the law prohibits the registration of identical or similar trademarks, whether they are intended for the same or related products/services associated with the well-known mark. Even when the new trademark is for unrelated products, the prohibition still applies if its registration could potentially harm the well-known trademark owner.

Procedurally, the national trademark registration process follows this sequence: After submission to the Trademark Office, the application is reviewed within 3-4 months. If it is deemed admissible, the Office authorizes the application’s publication in the Official Journal of Trademarks. From the date of publication, there is a 30-day period during which parties with conflicting interests can raise objections to the registration. If an objection is filed, the applicant has 20 days to respond. Once these time frames expire, the procedure is considered concluded. The Trademark Office will then decide whether to approve or reject the registration, depending on the application and any objections or responses received.

A foreign trademark registered via the national filing process is granted the same protection in Iran as any other registered Iranian trademark. The registration is valid for 10 years and can be renewed.

Trademark Registration via "International Deposit":
Since 25 December 2003, Iran has been a member of the Madrid Agreement and the Madrid Protocol, fully participating in the Madrid System. This system allows for the filing of a trademark in one member state to be recognized in other member states under certain conditions.

To register a trademark in Iran through the Madrid System, the trademark must first be registered in the applicant's home country, either with the national trademark office of a European country or with the Intellectual Property Office of the European Union. The applicant can then request the extension of the registration to Iran through the World Intellectual Property Organization (WIPO), which will handle the registration in Iran.

While this method allows for initiation directly from Europe, it can be lengthy, as transmitting the application to the Iranian Trademark Office and completing the review process can take 2 to 3 years.

Additionally, once a trademark is registered in Iran through the international filing system, it does not automatically appear in the country's domestic Intellectual Property database. The trademark owner must initiate a subsequent "Confirmation procedure" to request recognition of the international registration within the domestic system, which results in the issuance of a certificate.

In conclusion, for optimal trademark protection in Iran and to fully utilize the enforcement mechanisms under domestic law, it is strongly recommended to pursue trademark registration via the national filing process as outlined initially.