Brand registration is a legal process that allows business owners to exclusively use a name, logo, or any other mark that distinguishes their products or services. But the brand registration rules are a complex subject with many details, which familiarity accelerates the brand registration process. These laws include the prohibited items in the way of registering a brand, the time of forcing a brand to be registered, naming regulations, licensing laws, how to protest and cancel, etc.
Trademarks prohibited for registration
According to Article 32 of the law, some trademarks cannot be registered in the steps and manner of registering brands and patents, among which the following can be mentioned.
Marks that are exactly the same or similar to trademarks already registered for another owner.
Signs that are identical or very similar to another brand name or its translation, so as to mislead or mislead the consumer.
Signs that cannot distinguish the goods and services of two companies from each other.
Signs, words and images that are against the laws of the country, public morality, moral norms and Shariah standards.
Signs that imitate the military insignia, name or flag belonging to the country, organizations under international conventions and other international organizations. According to the brand registration laws, the trademark is not accepted even if it is a part of the listed items, unless the relevant organization or competent authority of the country agrees to register it.
Signs that mislead public and commercial centers regarding the place of production and the geographical location of the origin of goods or services.
Signs that even resemble the translation of a brand name that is famous for similar goods and services of another company in Iran.
When is brand registration mandatory?
According to Article 1 of the Law on Registration of Marks and Inventions, trademark registration is optional for commercial establishments, except for cases where the government requires it. The right to exclusive use of the mark for them and things like public health and society require that their mark should be registered. If they do not do this, they cannot prevent someone else from using that name.
According to the resolution of 3 May 1328 and also according to Article 5 of the resolution, the government has made it mandatory to register signs for the following cases.
1- Medicines that are taken with or without a doctor’s prescription. (Specific medical and veterinary products)
2-Liquids such as syrup, fruit juice, carbonated mineral water, which are supplied with a name and in specific containers.
3- Hygiene and cosmetics such as soap, perfume, ointment and cologne that are used directly on the human body and skin.
4- Food items such as canned goods, cheese, butter and milk, which are sold in wrappers, special containers with specific names.
Brand registration rules for choosing a brand name
According to the brand registration rules, you should pay attention to this guide in choosing and determining the brand name for the company.
1- The brand name should not be repeated, to be sure of the case, search for the name you want on the ilenc.ir site.
2- Even if the brand name has numbers, it must be written in letters.
3- Your business name must have Persian roots.
4- Use titles that are not outside the affairs of the Islamic Revolution.
5- Your business title must have special words to be distinctive.
6- The names of martyrs and martyrs, who are under the supervision of the respected Martyr and Martyr Affairs Foundation, should not be used.
7- Do not use the names of poets, scientists and explorers in the present tense.
A comprehensive review of rights arising from trademark registration
According to Article 40 of the law, the rights resulting from the registration of the mark, its validity period and extension are defined as follows.
To use trademarks registered in Iran, written permission must be obtained from the owner of that trademark.
A person who is named as the owner of a registered trademark has the exclusive right to use it and can file a lawsuit against any natural or legal person who directly or indirectly makes unauthorized use of the said trademark. This includes cases such as the use of a similar mark, the use of a mark for similar goods or services in a way that misleads or deceives the consumer, or any action that in any way violates the rights resulting from the registration of the mark.
All the rights that are for trademark registration generally do not include actions related to goods and services that are imported into the country by the owner of the trademark or with his express consent and offered in the Iranian market.
The validity of a registered trademark is ten years from the date of submission of its registration statement. The trademark owner can extend the validity of the trademark for consecutive periods of ten years by applying for renewal and paying the prescribed fees. A grace period of six months is provided after the end of each ten-year period, during which the owner can pay the renewal fee by paying a late fee.
License to use the trademark
A trademark owner can use his trademark without transferring ownership, just by granting permission to others to use it. This act is valid if it is officially registered. In other words:
The trademark owner can transfer full ownership of the trademark to another person or company. In this case, the full rights of the trademark are transferred to the new owner.
A trademark owner can allow another person or company to use their trademark without transferring ownership of the trademark. This permission to use must be officially registered to be valid.
Conditions and requirements for licensing
The permit must be officially registered in Iran to be valid. This work makes the rights and obligations of the parties legally firm and valid.
Usually the owner of the mark
In exchange for granting permission to use, the business receives royalties from another person or company. This amount is determined as a payment for the use of the trademark.
An agreement is drawn up between the owner of the trademark and the user, which includes all the terms and conditions of using the trademark. This agreement must be officially registered and valid.
This process allows the trademark owner to monetize their mark while maintaining control and ownership of their trademark. On the other hand, it allows another person or company to use the reputation and credibility of the trademark and market their products or services under it.
Note: According to Article 44, such a contract must include effective control of the trademark owner (licensor) on the quality of goods and services provided by the user (licensee). If this effective control does not exist or is not applied correctly, the contract will be invalid.
Objection to the request for registration of registered mark or marks
According to Article 16 of the Brand Registration Laws, all natural and legal persons have the right to object to the request for the registration of signs that, in their opinion, are contrary to the laws or rights of others.
Note: In any of the mentioned cases, if the objector has not registered a similar mark before, he is obliged to register his own mark and pay the related costs at the same time as the objection is filed.
Those who claim ownership of the registered trademark.
Those whose trademark is similar to the said mark in such a way as to cause confusion among consumers.
What are the rules for revocation of brand registration?
A registered brand can be canceled if it has one of the following conditions.
If it is not used for three years after the registration of the brand, any beneficiary can invalidate it; Because the registration of the mark is for its use.
The registered trademark is against Sharia law, public order and good morals.
The registered trademark is similar to another name or cannot distinguish the goods and services of two companies from each other.
Sometimes a person uses the common brand personally and exclusively.
If the trademark is similar to the national and military flags and emblems.
Some important points in registering trademarks
Registering a trademark is an important step to protect the identity of your brand and products. To ensure a successful registration process, it is important to note the following points.
To register several trademarks, an independent declaration must be given for each of them.
In case of change of address, it must be registered for recognition.
Trademarks can be transferred and this is only possible if it is in accordance with the laws of the Islamic Republic of Trademarks and Inventions Registration Code.
If people are going to use the trademark abroad, permission to use the trademark must be registered for them.
Trademark registration is only valid for a period of 10 years.
Having a trademark is optional except when required by the government.
According to Article 35, as long as the declaration of individuals is not registered, it can return it.
summary; All about trademark registration laws
Brand registration is an important and legal process for any business, for which compliance with certain rules is necessary. The implementation of trademark registration laws for commercial establishments is optional, except for the cases that the government deems mandatory. Some trademarks that are similar to those already registered or that do not have any distinction between them and other companies are considered prohibited for registration. Among the rules of brand registration are not repeating the name, not using the names of martyrs and martyrs, not using the names of poets and scientists of the present time, etc.
Frequently asked questions about trademark registration laws
Who has the exclusive right to use a trademark?
A person has the right to exclusive use of a mark that has been registered according to the provisions of this law.
What are the reasons for rejecting a brand registration application?
One of the most important reasons for rejecting a brand registration application is repetition or similarity to registered brands, descriptiveness of the brand, generality of the brand, opposition to laws and ethics, opposition to international trademarks, lack of differentiation with other products and services. .
