What are the differences between brand name and trade-marks registrations
Brand name
means the name or designation identifying and distinguishing a natural person or a legal entity.
Trade-marks
means any visible sign capable of distinguishing the goods or services of legal entities or of natural persons.
Collective mark
means any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other characteristics, including the quality, of goods or services of natural persons or of legal entities which use the sign under the control of the registered owner of the collective mark.
What are the required documents for the registration of the legal brand name (company)
- acknowledgement
- establishment advertisement
- birth certificate and commercial card of the CEO (in case it is in Latin)
- company registration documents representing the juridical entity
- articles of association and official gazette (on which establishment advertisement has been specified)
- a certified copy of the birth certificate and national identification card of members of the board of directors and selected representative of the board of directors
- a photo of brand provided (In case the brand is 2 dimensional, the photo must be provided in different angles. In case the brand consists of English Latin letters, in addition, the commercial card must be provided)
- operation license and business certificate
- In case registration affairs being done by a representative and advocate, the power of attorney shall be provided along with the documents.
What are the required documents for the registration of the natural brand name (individual)
- birth certificate and national identification card of the applicant
- valid criminal record certificate
- a sample photo of the brand provided in size of 10*10
- In case the brand picture is 2 or 3 dimensional, the picture must be provided in different angles. If the brand consists of Latin letters, in addition, the commercial card must be provided.
- operation license and business certificate
- In case registration affairs being done by the official advocate, the official power of attorney shall be provided along with other documents.
How many individuals can jointly register a brand name
There hasn’t been a defined number for partners. A number of individuals can register a brand name together.
Is it possible for both Juridical (company) and natural entities (personal) to jointly register a brand name
Provided that they won't have any desire to establish a company signed over one of the companies, for example, they cannot register a brand name "Aria Sail Part".
Is it required for a brand name with a specific writing style to be registered
For a brand name registered once with a writing style, no further registration shall be required. Writing style, color and size do not require ownership.
Is there any difference between the process of registration for brand name and trade-marks
Both processes are the same. However, a photo shall be uploaded for the trade-marks.
Are there any differences between the documents required for the brand name and trade-marks
Both documents are required. However, a photo shall be uploaded for the trade-marks.
Is it possible for a trade-marks to be owned by a person and a brand name by a company
No
In case the trade-marks were registered without a specific writing style, can we be the owner of the name
The answer would be yes even if it was written in a simple style
Why the company should register its brand name
There are many reasons:
- The registration of brand name distinguishes the product types of a company from those of other companies after the brand was registered, and no one else can use or misuse that brand.
- The company may institute court proceedings against any person misusing its brand name or using similar names.
12. Is it possible to register a product that is not registered before but has a tag with a registered company name on it
Yes. Use of a company on the product doesn’t mean its registration
Is it required for a brand name to be registered even though the company has already been registered with its name
Brand name must be registered 100%.
What does brand name ownership mean
The sole owner and full authority over the brand name
How can we register a brand name
Firstly, the documents of either individuals or the company shall be received, uploaded on the website and registration shall be done and after that, the applicants shall approve all the conditions. The system will be activated and company or individuals’ information, trade-marks, description and product idea shall be uploaded. After that, the payment for registration shall be done.
Is it possible to register a brand name in Latin letters
Yes
What are the documents required for the registration of a brand name in Latin
Birth certificate, national identification card, commercial and company card, establishment and changes gazette
What are the documents required for the registration of a brand name in Persian (Farsi)
Birth certificate, national identification card, certificates, establishment and changes gazette for companies
What are the documents required for the registration of a brand name in Latin and logo in Persian
Birth certificate, national identification card and commercial card for logo
Is it possible to register name and logo, simultaneously
Yes
What are the owner’s rights after the registration of brand name
He/she can use the brand on the products and may institute court proceedings against any person misusing it.
What measure could be taken about individuals misusing our brand name
- First times, shall include issuing a summon
- second time, confiscation of products
- third time, removing the signboards and
- fourth time, request for compensation
What should we do if an individual introduces our non-registered logo into the market with another name
You should rapidly take action to register the logo, and if you have used this logo before, you should refer an advocate with the complete documents and institute court proceedings against any person misusing it.
How is the process of inquiry before registration
After visiting the website, one must choose the respective inquiry, enter and attach the name in the name inquiry section and take a good look at products.
Is it possible to go through process of inquiry before registration
Yes
What measures should be taken about the manufacturing of products and services for not being misused
One must register the brand name and then start the production
What happens if an individual applies for the registration of our brand name before us
The first pridity goes to a summon and the first company’s name shall be priority.
If an individual submit an application before anyone, does the first pridity go to an individual who send the application first
Yes
What should we do if the application sent had a similar case
Firstly, the products must be checked. If there were similarities in the products, the new application must be submitted using postfix or suffix.
What are the requirements for the similarities between a brand name and trade-marks
If the similarities between letters and the figures were above 70%, there shall be summoning.
What does “classifaication” mean in the registration of a brand name and trade-marks
Each product is divided in accordance with the activity type with other products, for being distinguished from different products and services.
Is it possible to register the trade name if the trade name and the category name are similar
Yes
What is a “requested product
We can choose the product category based on the activity type and manufactured product type, e.g., dairy product in category 29.
How much similarity will prevent us from registering
Above 30% of similarity cannot be registered.
What are the things we must do to register trade-marks or a brand name
Identification documents, commercial card (if it was in Latin), acknowledgement must be submitted and after registration, a logo with the size of 6*6 must be uploaded and after that, the payment for registration shall be done.
If a company wishes to transfer the representation of its brand name to another person or Iranian company, what should we do
The registration of brand name can be done by the letter of authorization in Iran.
Is it possible to register a brand name over the name of a foreign person
No, he/she must have Iranian citizenship.
Is it possible to register trade-marks over the name of a foreign company
No, it must have Iranian citizenship.
What documents are required for registering brand name and trade-marks over a foreign person or company
If a foreign person give authorization to an Iranian person or a company to act as a representative, the following documents shall be required:
- birth certificate and national identification card of the foreign company CEO
- advertisement of the establishment
- registration certificate of the foreign company
- letter of authorization given to the Iranian company or person that should be translated at a translation office, signed and sealed by the embassy. After that, the company (the representative) can be registered as the legal foreign company representative.
Is it possible for the representative to register the brand name if the foreign company registers that brand name in Iran
No
If the foreign company grant the representative with the authority to register the brand name, in whose name shall the brand name will be registered
It shall be registered over the name of the company represented by the Iranian company in the period of 10 years.
Is it possible for the representative of the foreign company to grant the authority to sell the brand name to another person
No, only the company will be able to do such a thing (authority to sell) unless the company has given an exclusive representative.
How many people can be the representative of a foreign company, simultaneously, in Iran
One person or company
If a person (either legal or natural) be the representative of several foreign companies, simultaneously, in Iran, will he/she be able to register the brand name of those companies over his name
Yes, if there is an authorization letter.
What is your recommendation for becoming a foreign company representative
It is recommended to not register with the name of the foreign company and to add prefix and suffix to brand name. In doing so, it shall be registered as an Iraninan company.
Is it required to register a trade name if its color changes
No
Is it required to register a trade name if the wrting style change
No. Writing style, color, and size are not considered as a criterion for registration.
Is it possible to register created figures and characters as trade-marks
Yes
Can we register the characters created as the logo
Yes
Is it possible to renew the brand name
Yes
Is it possible to renew the trade-marks
Yes, it can be renewed every 10 years and the act of renewal must be done 6 month before the exouration date.
Is it possible to reansfer the trade-marks and brand names
Yes
What is the process of transferring brand names and trade-marks
Transferring the ownership of the above, e.g., to submit the application or grant operation license, shall be announced to the registration office by the written request of the beneficiaries and stated in the respective dossier. Then, an Inquiry letter shall be established in the notary public and upload on the office website. Next, the office shall give permission to transfer before the notary public and both transferor and transferee shall attend in the notary public. A deed of conveyance shall be regulated, uploaded on the office website, and the office shall submit the advertisement of the transfer. Ultimately, after the payment for the gazette, the certificate shall be countersigned.
When will we be able to use the registered band names
After receiving the registration number of the brand name, you may use it for a valid period of 10 years.
After the request for the advertisement, will it possible for anyone to protest against the registered brand name
Yes
What is the process of remonstrate against the registration
Whoever willing to remonstrate against the registration request must submit the protest, in 2 copies, for non-compliance with the provisions and articles of the law during 30 days after the date of advertisement issuance to the registration office.
What are the steps for responding to the remonstrate toward a registration request
After the letter of remonstration was registered, the second copy will be returned to the remonstrant with the date and the receipt number. The letter of remonstration must be accompanied by valid reasons, supporting documents, and receipt of payment. If it was necessary to prepare the documents attached to the letter of remonstration after reviewing the remonstration letter and supporting documents, the registration office shall request the applicant to take measures within 7 days of the date. Otherwise, the remonstration letter shall be considered null.
What is the differences between a company and a person in remonstration
There are no differences. The person in a company with the right to sign used to take actions for the remonstration.
How long may it take to remonstrate to the Commission's resolution
It may take a couple of years
What are the requirements for a natural or legal person to have a right to remonstrate against our registration request for the brand name
In case that there are similarities between both of the brand names or the stated brand is well-known.
How long may it take to remonstrate to the brand name or trade-marks
30 days after the date of issuance at the gazette.
If the registration number was issued, Is it possible to remonstrate
No, the individual must refer the court to institute court proceedings.
What must we do if an individual registered a brand name with similarity of more than 30%, advertisement was issued and approved
It mut be legal remonstration.
How can we defend names similar to our brand names
It is recommended to register, review the gazette and remonstrate at the legal period
If the Latin version of the brand name was registered but not the Persian (or vise versa) is it possible to register any of them over our name
No, whoever registered Latin or Persian version shall supersede all the others.
What strategies are being provided in today’s business environment, especially in the websites and cyberspace
Advertisement through Internet, television, radio and billboard
Is it possible to rgister the domain as a brand name
No
Is it possible to use the domain address with ownership over the brand name
Yes
Which organizati shall be responsibil for monitoring and forbidding the use of brand names and trade-marks
Ministry of Intelligence and Iranian Cyber Police
What organization shall be prevented from being misused if an individual registers a product brand name
Ministry of Health and Medical Education, Food and Drug Administration Of Iran, Customs, Municipality and Public Administration and Awareness Office
Suppose that you register an industrial design and an individual be the owner of the brand names and trade-marks. What parts of product shall be covered by this ownership
The product type and appearance
Why should we register a brand name in addition to the trade-mark
The logo or picture represents the company's slogan on the product. A more beautiful and quality logo can help the viewer to remember it easily.
How long is the validity if a brand name
Yes, it can be renewed every 10 years and the act of renewal must be done 6 month before the exouration date.