National Trademark Registration
A trademark is a name, symbol, or mark that can be designed in a simple and concise form to represent the activities of an organization. Letters and/or shapes may be used in the design of a trademark or brand mark. In commerce, this concept makes it possible to distinguish the products, manufacturers of goods and services, sellers, and various traders from their competitors.
The right to use any trademark or trade name is granted exclusively to the person who has registered it with the Intellectual Property Office. Trademark registration allows you to prevent individuals or other companies from misusing your trademark. Please note that a trademark is different from an invention.
Why Should We Register a Trademark?
Trademark registration not only preserves a brand’s commercial identity but also plays an important role in the success and growth of your business. Registering a trademark is essential for your business for the following reasons:
- Exclusive Right to Use the Registered Trademark
- Identification and Distinction of Goods
- Identification and Distinction of Goods
- Attracting Customers
- Consumer Rights Protection
- Reduction of Counterfeit and Imitative Products or Services
- Ensuring and Promoting the Quality of Products and Services
- A Factor in Promoting Healthy Competition
Consult with Us
Why Should We Register a Trademark?
Benefits of Trademark Registration
Trademark registration offers several advantages for both natural persons and legal entities. Below, we discuss the most important benefits of trademark registration.
Exclusive Rights and Legal Protection for the Brand
By registering your trademark, you can officially and legally establish ownership of your brand and use it within the specified classes of goods or services. The exclusive rights and legal protection provided by trademark registration help prevent any unauthorized use, imitation, or misuse by competitors. In addition, if any infringement occurs, you can pursue the matter through the appropriate legal authorities. In fact, trademark registration provides you with legal protection and greater peace of mind for the development of your business. As a result, it helps prevent the loss of your reputation and investment in the market.
Creating a Distinct Identity and Increasing Brand Credibility
The development of a professional identity for a business is another benefit of trademark registration. This enables customers to easily distinguish your products or services from those of your competitors. As a result, you can sell your products with greater confidence. The distinct identity created through trademark registration strengthens your position in the market and increases public trust. Over time, trademark registration contributes to the stability and credibility of your business in the market and helps prevent the loss of your investment and reputation.
Turning the Brand into a Valuable Asset
Registering a trademark not only displays your logo or name but also constitutes an intellectual property asset with significant economic value. This asset can be bought and sold, assigned to others, or even used as collateral. Moreover, as your brand grows and becomes more recognized, its financial value increases, giving you one of the company’s primary assets. Interestingly, in many businesses and enterprises, a trademark can be worth more than physical assets and plays an important role in increasing the overall value of the business and its shares.
Possibility of Granting Representation and Earning Income Through Licensing
Another benefit of trademark registration is the ability to grant licenses or representation rights to other individuals or companies. This can be addressed through licensing, representation, or franchise agreements, allowing you to transfer the right to use your brand to another party. In return, you can receive licensing fees or royalties. The ability to grant representation rights and generate income through licensing not only provides you with a stable source of income but also creates opportunities to expand your business into domestic and even international markets. It should be noted that, from a legal perspective, without trademark registration, entering into such agreements can present significant legal challenges.
Strengthening Marketing and Business Development
Trademark registration makes it easier to develop targeted marketing and advertising strategies. It gives you greater confidence to invest in your brand and plan long-term marketing activities without worrying about unauthorized copying. As a result, you can strengthen your brand’s reputation and expand its presence in the market. Trademark registration can also have a significant impact on attracting investment, obtaining bank financing, and increasing shareholder confidence, helping pave the way for the growth and development of your business.
Trademark Registration Process
The trademark and brand registration process may seem somewhat complicated at first glance. However, each stage of this process follows a clear legal rationale. The trademark registration procedures are designed to ensure the applicant’s rights, prevent the infringement of others’ rights, and maintain transparency in the market. Therefore, in this section, we will explain the trademark registration process to you step by step. These steps include the following:
1. Selecting a Trademark Name
The first step in the registration process is to choose an appropriate name for the product or service you intend to offer. This may be considered the most critical strategic stage of trademark registration. The trademark name serves as the foundation of your brand identity, and choosing a weak or inappropriate name may even prevent you from obtaining legal registration. Conversely, if you choose a strong and distinctive name, all your future marketing and branding activities can be effectively developed. A strong and registrable trademark should be novel in terms of its form and should prevent consumer confusion. Other important characteristics of an appropriate trademark name include not being merely descriptive, being distinctive, and avoiding any likelihood of consumer confusion or deception. Sarv Institute experts recommend that when selecting a trademark, you pay attention to the distinction between a brand and a trademark. A brand is a broader and more emotional concept that refers to the experience, reputation, and feelings formed in the minds of the audience. A trademark, on the other hand, serves as the legal protection and registrable aspect of a brand and refers to the logo or mark registered with the country’s Intellectual Property Office.
2. Online Trademark Search
In the second stage of trademark registration, you must conduct an online trademark search. Please note that failing to conduct a search may have consequences for you and your business. For example, after spending several months and significant amounts on packaging design, advertising campaigns, and a website, you may receive a “Notice to Cease Activities” due to the similarity of your name to another brand. To conduct an online trademark search, you should first search for the exact name of the proposed trademark. Then, search the Intellectual Property Office of Iran’s website for names with similar spellings, similar pronunciations, and even translations of the name within your relevant product or service class.
3. Preparing the Required Documents
In the next step of the registration process, you need to prepare the required documents for natural persons or legal entities. Please note that the entire process of reviewing the documents required for trademark registration is carried out electronically. Therefore, you must have high-quality, legible, and clear scans of all documents ready. It should be noted that uploading illegible, blurry, or incomplete documents may result in a deficiency notice or prolong the overall application and trademark registration process. According to the regulations governing registration with the Sana System, all natural persons and legal entities applying for registration must first register with the Sana System before proceeding. This process is mandatory for the applicant’s electronic identity verification, and all official and legal notices regarding your case, including deficiency notices or approvals, will be sent through this system.
4. Filing the Patent Application
After preparing the required documents, you must prepare the trademark registration application. This can be done through the Intellectual Property Center’s website (ipm.ssaa.ir). To do so, you must first register on the system and, after your account has been verified, enter the “Trademark Application Filing” section. At this stage of the trademark registration application, make sure to complete all requested information and upload all required documents with great care. The “Goods/Services Classes” section is particularly important in the trademark registration process and is categorized according to the Nice Classification. It should be noted that this international system consists of 45 classes: 34 classes for goods and 11 classes for services. Keep in mind that selecting the wrong class may negatively affect your business reputation. It should also be noted that selecting a greater number of classes is likely to increase your costs.
5. Payment of the Application Fee
After completing the forms, you must pay the initial application fee online before submitting them to the examiners for final review. Once the application fee has been paid, an application number will be issued to you, which is highly important. This number allows you to identify your priority date. This number and the priority date indicate that if another person applies for a similar name one day after you, you will have the right to use the name or trademark. The “Goods/Services Classes” section is particularly important in the trademark registration process and is categorized according to the Nice Classification. It should be noted that this international system consists of 45 classes: 34 classes for goods and 11 classes for services. Keep in mind that selecting the wrong class may negatively affect your business reputation. It should also be noted that selecting a greater number of classes is likely to increase your costs.
6. Review by the Office Examiners
The trademark application you have submitted is reviewed by three examiners from the Intellectual Property Office. The review process may take between 10 and 60 days. The examiners assess the application based on formalities, absolute grounds, and relative grounds. During the formalities examination, they verify whether the required documents are complete, legible, and accurate. At this stage, the relevant license is also checked against the selected class to ensure that there are no discrepancies. The absolute grounds examination addresses whether the trademark conflicts with the provisions of Article 5, which covers non-registrable marks such as flags, or with public order. Under the relative grounds examination, the examiners also assess whether the trademark has a “Likelihood of Confusion” with previously registered brands. Following the examination, the result—whether approval, rejection, or a request for correction/deficiency notice—is communicated to you via SMS.
7. Publication of the First Notice
Once you receive approval of your trademark application, your file will be submitted for the “First Notice” or “Application Notice.” We recommend proceeding with the publication of this notice in the Official Gazette and paying the relevant publication fee. This serves as a public announcement with transparency and an opportunity for objections. Through this process, the law seeks to inform the public and owners of other brands that you intend to register the trademark in question. If a natural person or legal entity wishes to object to your trademark registration for any reason, such as its similarity to their own brand, they have up to 30 days to file an objection. Therefore, if an objection is filed, the registration process will be suspended and the matter will enter the legal phase. You must then prepare a written defense to protect your rights. Ultimately, the examiners and legal committees of the Office will make a decision regarding the trademark registration dispute.
8. Payment and Publication of the Second Notice
After the first notice has been published, if no objection is filed within 30 days, you will receive a final approval notification. This can provide you with greater assurance that your trademark registration will be finalized. After that, you must log in to the Intellectual Property Office system and pay the registration fee. This fee ensures the issuance of the certificate and the granting of exclusive rights to the trademark for a period of 10 years. At this stage, your trademark registration has been finalized, and you only need to arrange for the publication of the second notice in the Official Gazette (the final registration notice) and pay the relevant fee. The second notice serves as evidence of the official registration of the trademark and the completion of the legal registration process.
9. Delivery of the Trademark Registration Certificate
At the final stage of trademark registration, the registration certificate is issued, and you must visit the Intellectual Property Office in person with copies of both Official Gazette notices and the required official documents. You can then collect your 10-year trademark certificate from the relevant office. This document, known as the Title Deed, is recognized as an intangible asset. It should be noted that, with this document and certificate in hand, you can, whenever necessary, prove ownership, obtain a loan, have your business valued, or proceed with the sale or granting of representation rights (franchise).
Trademark Registration Documents
Preparing the required documents is one of the most important steps to consider when registering a trademark. The absence of any of these documents may disrupt the registration process. Below, we will introduce the required documents for natural persons and legal entities.
Documents Required for Trademark Registration by Natural Persons
Natural persons applying for trademark registration must have the following documents with them.
- Copy of the Owner’s or Owners’ Birth Certificate and National ID Card
- Activity Licenses (Establishment Permit with 40% Progress, Operating License, or Business License)
- Trademark Image
- Providing the Exact Address to Be Included in the Trademark Registration Certificate and Postal Code Verification
- If your business operates in the field of import and export, or if the trademark image or name contains Latin letters (i.e., has a non-Persian origin), you must provide a commercial card.
- Mobile Phone Number Registered in the Name of the Beneficial Owner(s)
- Registration with the Sana System
Trademark Registration Documents for Legal Entities
Legal entities applying for trademark registration must provide the following documents:
- Copy of the signatories’ birth certificates and National ID cards
- Company activity licenses (establishment permit with 40% progress, operating license, and business license)
- Company incorporation notice
- Latest valid company changes notice
- Trademark image
- If your business operates in the field of import and export, or if the trademark image or name contains Latin letters (i.e., has a non-Persian origin), you must provide a commercial card.
- Mobile phone numbers registered in the name of the beneficial owners
- Registration with the Sana System (for the company and its signatories)
Trademark Registration Costs
You must pay the required fees at the appropriate stages of the trademark registration process. Trademark registration costs include examination and publication fees, legal fees, and consultation fees. These costs may vary depending on the country and the type of trademark. The cost of publishing the official notice depends on various factors, such as the number of pages of the notice, the newspaper in which it is published, and the number of times the notice is published.
In addition, you must renew your trademark after 10 years from the date of registration, which involves additional costs. These costs include the trademark renewal fee through the trademark registration system and government fees for renewing the trademark and publishing the relevant notices in the Official Gazette. Typically, the renewal cost will not be significantly higher than the initial trademark registration cost. It should be noted that if your trademark faces legal issues or objections, additional legal consultation fees may be added to the trademark registration costs.
Trademark Registration in Iran
Many businesses in the country turn to trademark registration in Iran. As competition among businesses intensifies, the market has become saturated with similar products and services, making it essential to choose an appropriate trademark to introduce your services or products. To this end, you must first determine whether the trademark is eligible for registration and then proceed with trademark registration by providing the required documents.
Registering and maintaining a trademark in Iran makes your brand exclusive, preventing others from using your mark or brand for their own business. In fact, this can only be achieved through the transfer of the trademark. The use of a trademark in Iran also helps reduce the production of imitation and counterfeit products or services. This plays a significant role in creating balance in the market and promoting competitive businesses.
International Trademark Registration
The export and import of goods and the provision of services are among the major concerns of many traders and businesspeople in Iran. To start an international business, you need to register your trademarks. This helps expand your business and increase brand recognition over time. Businesses can pursue the following methods for international trademark registration.
Local Trademark Registration in the Country of Application
To register a trademark in the country of application, you must file an application with the Intellectual Property Office of the relevant country in accordance with the requirements and procedures of the destination country. However, these procedures may be time-consuming and costly, and if you intend to register your trademark in several countries, the time and costs involved will increase accordingly.
Madrid International Trademark Registration Protocol
One of the methods of international trademark registration is through the Madrid International System. This system is administered by the World Intellectual Property Organization (WIPO). It should be noted that the Madrid International System allows you to obtain protection in multiple countries by filing a single application. The Sarv Institute team enables you to register your brand in various countries.
Regional Trademark Registration
This method of international trademark registration allows businesses to obtain protection in the member countries of a regional system by filing a single application. For example, the European Union Intellectual Property Office (EUIPO) allows you to obtain trademark protection in the member states of the European Union.
Legal and Commercial Intellectual Property Disputes
Under the Law on the Registration of Patents, Industrial Designs, and Trademarks, you may not use a trademark or brand that has previously been selected by a natural person or legal entity. In fact, you are only authorized to use such a trademark with the official permission of its holder or owner. This has led many individuals and businesses to become involved in disputes concerning trademark registration. Legal and commercial intellectual property disputes require review and a judgment by the court and can be pursued through specific civil and criminal legal procedures.
Legal disputes concerning trademark registration are highly specialized. Therefore, in most cases, natural persons or legal entities prefer to engage a lawyer specializing in brand or trademark disputes. This is because familiarity with the types of trademark disputes and the procedures for handling them is of great importance. Civil and criminal courts are the competent authorities for handling trademark disputes and brand registration cases.
About Sarv
Sarv Institute is one of the leading organizations in the field of intellectual property at both the national and international levels. With a team of experienced specialists in trademark and brand registration, the institute provides professional consultation and specialized services in the field of intellectual assets and emerging businesses. Trademark registration is one of Sarv Institute’s key services, helping increase your chances of success. It should be noted that trademark laws require specialized skills, training, and experience. Given the broad scope of intellectual property, it is advisable to choose a company with sufficient experience and expertise in this field.
FAQ
For every business, a trademark may consist of letters, numbers, words, images, drawings, designs, or a combination of these elements, and plays a crucial role in establishing brand differentiation and identity.
International trademark or brand registration offers numerous benefits, including preventing unauthorized use and counterfeiting of the brand, ensuring exclusive rights in target markets, facilitating business expansion, establishing international business partnerships, and more.
To legally proceed with trademark and trade name registration, it is advisable to consult a lawyer or legal advisor. This can also help prevent competitors from misusing your trademark.
The trademark has unlimited validity; however, you must renew it every 10 years from the date of filing the application. Otherwise, you will lose ownership of the trademark, and another person may use it.
No. However, these two concepts are often confused with each other. As mentioned above, a brand is a broader and more emotional concept that is formed in the minds of the audience, whereas a trademark serves as a legal shield and represents the registered aspect of a brand.
If all required documents are complete and there are no deficiencies in the application or objections, the entire trademark and brand registration process takes approximately 2 to 3 months. Therefore, if any deficiency notice or objection arises, this timeframe will be extended.
You cannot use trademarks that have already been registered. In addition, marks that may mistakenly mislead customers or are contrary to public order or morality cannot be registered.