Patents & Trademarks (English)
AMENDED REGULATIONS FOR THE IMPLEMENTATION OF
THE TRADEMARKS AND PATENTS REGISTRATION ACT
OF TIR 1, 1310
BOOK I.
REGISTRATION OF TRADEMARKS
CHAPTER 1.
APPLICATION FOR REGISTRATION OF TRADEMARKS
Art. 1.
The application for registration of an industrial or commercial trademark must be made in Farsi, dated, signed, and include the following:
1) Name, address, and nationality of the applicant, and the original address of his firm.
2) Name and address of the applicant’s attorney in Tehran, if the application is made through an attorney.
3) The occupation or type of industry of the applicant.
4) Date, place, and number of registration in the country or origin, if the trademark has been registered outside Iran.
5) The registered address in Tehran chosen by the trademark owner.
6) The name and address of the person or persons in Tehran, who are competent to receive legal process and notices.
7 ) A description of the kind of merchandise or products, for distinction of which the trademark is being used, with a mention of the requested classes, as per the Classification annexed to this Regulation.
8 ) A description and specification of the trademark, and the particular manner of its use, if any.
9) A list of the exhibits.Note: The names and addresses of applicants residing outside Iran must be written in Latin characters, besides Farsi , and must be registered and advertised in the same characters.
Art. 2
The application must have the following exhibits:
1)The original or a certified copy of the power of attorney, if the application is made through an attorney.
2)Ten specimens of the trademark as it is used, plus additional specimens,to equal one specimen for each additional class requested for registration.The applicant must affix one specimen of the trademark on each application and sign it. The third specimen will be affixed to the respective page of the Registration Book during registration, and the fourth specimen will be affixed to the Certificate of Registration.Trademarks that are embossed, or engraved on goods, must be sketched on paper.
The dimensions of the specimen should not exceed ten centimeters on each side.Over each specimen affixed in the above manner, the seal of the Branch Office of the Registrar of Companies, Trademarks and Patents shall be affixed such that part of the seal is placed over the specimen and the other part on the sheet of paper.
3) A (stereotype) plate for printing the trademark distinctly (said plate should not exceed ten centimeters on each side). If the trademark is composed of one or several words, without any device or special letters,then the applicant need not attach a printing plate.
4) If the trademark has been registered outside Iran, the applicant has to submit a copy of said registration in the original language, certified by the office that has issued it, together with an unofficial translation in Farsi at the applicant’s responsibility.
5) If the trademark is adopted in order to distinguish the privilege of the goods of a group of people, or the goods of a town or a district of the country, a certificate issued by a competent authority concerning confirmation for use of the said mark by producers of the respective goods.(In Iran the competent authorities whose certificate, issued in connection with this paragraph, the Registrar of Companies, Trademarks and Patents is obliged to accept are, respectively:
1. Association of the Guilds.
2. Chamber of Commerce or Industry.
3. The Municipality.
4. The Governor’s office
Art. 3.
The clerk receiving the application shall make a preliminary review of its contents, and after entering it in the Register of Received Applications, shall return to the applicant the second copy which contains the same specifications as the original – after signing and sealing it with the seal of the Registrar of Companies, Trademarks and Patents, as a receipt.
one, will immediately be posted at the Branch Office of the Registrar of Companies,The third copy of the application, which contains the same specifications as the original Trademarks and Patents, up to the date of its definite acceptance or rejection, so that any interested person may obtain information concerning its contents, and submit his opposition in accordance with the following Articles.
Art. 4.
A person requesting the registration of several trademarks shall submit separate applications for each one of them, as per provisions of the present Regulation. In this case, if the application is made through an attorney – as per one power of attorney only -the original power of attorney shall be attached to one of the applications, and a certified copy of it must be attached to each one of the other applications.
Art. 5.
Within 15 days from the date of its submission, each application shall be examined as follows:
1) For formalities to ensure that the application and its exhibits conform to the principles set forth in the Act and the present Regulation. If discrepancies are found in the application, the applicant will be so notified in writing, so that he may cure same within an appropriate time. (For those residing in Iran up to two months, and for those residing outside Iran up to six months.)
If the above periods be insufficient, the applicant may apply only once for an extension of time.
2) For conformity between the Class stated by the applicant for registration for his merchandise and the Classes relative to this kind of merchandise. If the merchandise is found not to be in accordance with the Class mentioned in the application, the applicant for registration will be invited to correct the classification of the specified merchandise.
3) For conformity of the trademarks with the provisions of the Act and the present Regulation.