Iran's current trademark regulations are primarily based on the 2008 "Patent, Industrial Design, and Trademark Registration Act." The Iranian Trademark Office is responsible for managing trademark affairs, and the official language is Persian. Trademark rights must be obtained through registration. Although trademark registration is not mandatory, it is required for the protection or renewal of a trademark. Iran adopts the "first-to-file" principle for trademark registration, but in certain circumstances, "prior use" can also be claimed for trademark rights. Iran is a signatory to international intellectual property treaties such as the "WIPO Convention" and the "Paris Convention" and has joined the "Madrid Protocol," allowing trademark registration to be processed either through "national registration" or "Madrid international registration."

Classification

Iran uses the internationally recognized Nice Classification, dividing goods and services into 45 categories, covering various commercial activities comprehensively, facilitating trademark management and search. However, the Iranian Trademark Office also has a locally predefined list of goods and services, which may not completely align with the Nice Classification. Applicants must choose according to the list followed by the Iranian Trademark Office. Additionally, Iran implements a multi-class trademark application system, allowing applicants to register the same trademark in multiple classes, with official fee discounts for each additional class.

Convention Priority

Iran is a member of international treaties such as the "Paris Convention" and the "Madrid Protocol." Applicants who have already filed a trademark application in another Paris Convention member country can file the same trademark application in Iran within six months, enjoying priority, which means the filing date of the first application will be considered the priority date in Iran.

Examination Procedure

Submission of Application - Formal Examination - Substantive Examination - Publication - Approval - Issuance of Certificate

Opposition

The opposition period for trademarks in Iran is 30 days. If no opposition is filed or if the opposition is unsuccessful during the publication period, the trademark will be approved for registration. Typically, trademark registration in Iran takes about 10 months if the process goes smoothly. If there are oppositions or rejections, the time may be extended.

Duration and Renewal

• Renewal Validity: 10 years
• Renewal Start Date: Trademark renewal can be done within six months before the expiration date.
• Grace Period: 6 months
• Restoration after Expiry: Once a trademark expires, it cannot be restored; a new application must be submitted