Frequently Asked Questions
Trademark registration
Yes, the trademark can be designed or selected in three ways.
A- Only one name (combination of persian or english letters)
B- There should be only one image (the so-called logo)
c- It should be a combination of two items A and B (the name along with the logo)
No, if there is no logo, only the name can be registered, and if there is no name, only the logo can be registered or both together. In order to increase the protection of trademark (name and logo), it is better to register each one separately.
The validity of registered trademarks is unlimited, but on the condition that it is renewed every 10 years since the date of registration of the declaration, otherwise, it will be expropriated and any other person can use that mark.
– When (real and legal) persons commercialize goods or services, they use a name to provide goods or services, which by registering this name in the Industrial Property Office (Trademarks Registration Office), this mark is exclusive to that person or company and others will not have the right to use it.
- Ensures that customers can distinguish products from each other.
- It enables companies to differentiate their products from each other.
- They are marketing tools and the basis of creating the image and reputation of companies.
- Also, with the passing of time and the popularity of the brand name, third parties are allowed to use it, and the direct source of income is from royalties.
Yes, trademarks can be transferred to others, this is done through notary offices and the signing of a peace agreement between the owner of the trademark and the buyer.
About 5 to 6 months.
Yes, but it is better to do internal registration first. Due to the expansion of the scope of protection and also taking into account the long process of international registration, it is better to do the internal registration of the mark before we get involved in the international registration, because the internal registration process takes much less time, and more importantly, the right It also creates precedence. However, registration through the Madrid system and the Kurdistan Region of Iraq require a certificate from the country of origin.
Yes, but it is better to do internal registration first. Due to the expansion of the scope of protection and also taking into account the long process of international registration, it is better to do the internal registration of the mark before we get involved in the international registration, because the internal registration process takes much less time, and more importantly, the right It also creates precedence. However, registration through the Madrid system and the Kurdistan Region of Iraq require a certificate from the country of origin.
The trademark certificate must be renewed in the tenth year (on the date of registration of the declaration), otherwise, a grace period of 6 months will be considered for the owner of the trademark to renew the trademark by paying a fine. If the penalty is not extended within the deadline, the trademark will be expired and the declaration must be re-registered and the procedures for registration of the trademark must be completed.
You have to register a declaration through the industrial property department and the process takes the same time as trademark registration (5 to 6 months).
Any word, letter, number, drawing, photo, shape, color, image, label or combination thereof that is used to distinguish goods or services is considered a trademark.
- For a natural person, the image of the owner’s positive identity documents, the image of the name or trademark, license (production license, establishment license, business license, etc.), power of attorney.
- For a legal entity, documents related to the company’s activity (production license, establishment license, business license, etc.), establishment announcements and the latest changes of the company, logo image, power of attorney.
- If the brand name is in English, it is mandatory to present a business card for both natural and legal persons
Duplicate marks are marks that are completely identical and intended for a similar class of goods, and similar marks may be different in appearance from the registered mark, but they are similar in terms of phonetics.
If the selected name is already registered in the desired class and is duplicated, then the desired brand name will not be registered.
Yes, the information related to all the owners is attached separately at the time of filling the declaration, and the share of each person is determined at the time of filling the declaration.
Through the databases of the Intellectual Property Office.
Yes, you must do it through a notary and it can be transferred to all natural and legal persons.
- Step 1: Check the name to meet the registration conditions (not being common, having a characteristic attribute, not being a famous sign, etc.)
- Step 2: getting an inquiry to register the trademark (similar phrase) (name search in databases)
- Step 3: Registration of trademark declaration
- Step 4: follow up the case in the office and resolve the notices
- Step 5: Issuing the demand notice and the necessary measures to pay the fee and print it in the official newspaper of the country (first time notice)
- Step 6: payment of registration fee
- Step 7: Issuing the official registration notice and necessary measures to pay the fee and print it in the country’s official newspaper (second time notice)
- Step 8: Obtaining an electronic certificate
The cost of renewing the brand is equal to the cost of trademark registration.
For more information about this service, visit the Trademark registration page
Patents and innovations
According to Article 16 of the Patent Law, the Patent is protected for 20 years from the time of registration of the declaration, provided that the cost of credit extension is paid on time (annually). To maintain the validity, after one year from the date of submission of the declaration and before the beginning of each year, the amount of registration fee is paid by the applicant.
According to Article 1 of the Patent Law, a Patent is the result of the thought of a person or persons, who for the first time presents a specific process or product and solves a problem in the profession with industry and the like.
No, ideas cannot be registered as patents. In general, the idea is not legally registered.
No, according to Article 4 of the Patent Law, scientific discoveries and theories and mathematical methods are outside the scope of patent protection.
Information related to all inventors and owners is attached separately when filling out the declaration, and the share of each owner must be specified when filling out the declaration.
The protection of the patent starts exactly from the time of registration of the declaration, but the inventor can only file a lawsuit against the unauthorized use of his patent by third parties if the invention has been registered.
No, since the patent is registered, the inventor’s rights effectively start from the date of patent registration, and no one else can register it. Also, the inventor can file a lawsuit against the unauthorized use of his invention by third parties. In case the patent is registered by another person, it is possible to follow up through the judicial authorities and submit the request for revocation of the patent to the judicial authority.
You can search for patents in Iran and internationally.
To search for patents at the national level, you should refer to the website of the Intellectual Property Office, the search section of the Intellectual Property Bank.
To search at the international level, you should also refer to Google Patent, USPTO (US Patent Office), and espacenet and search for similar items of your invention by entering the keywords of the patent.
No, you can register your idea unofficially by attending some festivals such as the Top Ideas Festival or similar festivals, but this process does not have any legal burden, in the sense that the owner of the idea has no right, such as preventing Misuse of the idea by other persons does not create.
It must have three conditions:
- being new at the world level
- having an innovative and creative step
- having the ability to be manufactured and used industrially. (Article 2 of the Patent Law)
If a design has the above conditions, it can be registered as a patent.
It means that the invention has no previous disclosure history anywhere in the world, in other words, if we search for the patent in domestic and international databases, there is no direct equivalent for it.
Having a creative step and not obviousness of the invention to a person who has normal technical skills in that field. (Article 2 of the Patent Law)
- Simply resize
- Making a product portable
- Reverse parts
- Material change
- Substitution by an equivalent function or part.
Can be made and used in industry. The meaning of industrial application includes items such as handicrafts, agriculture, and services.
- Description of patent
- Patent claim or claims
- A summary of the description of the patent
- Plan or plans of the patent
- Photo of national card and birth certificate of the owner and inventor (if the owner is a legal entity, it is mandatory to present the company’s documents, including the announcement of establishment and the latest changes.)
The meaning of the evaluation of the patent inquiry is the search and scientific review of the patent documentation and the examination of the patentability of the design by the relevant experts using scientific experiences, consultations, and internal and external information banks, and according to the law, this evaluation is carried out by the authorities approved by the patent office and they are called “authoritative sources of inquiry”.
The process of patent registration takes about 6 to 12 months from the time of receiving all the documents of the patent to the time of receiving the certificate, of which about 3 months are related to the administrative steps of the registration and the rest of the said period is related to the evaluation at the inquiry authority about technical and legal writing of the text patent and conducting follow-ups related to the case.
Yes, the ownership of the patent can be transferred to other people. In general, the rights arising from a registered patent are transferable, and in case of the death of the patent owner, it is transferred to his heirs.
After the approval of the patent by the competent authority, the inquiry, and the submission of the authority’s response to the patent office, to complete the rest of the registration process and receive the patent certificate, the applicant must deposit a certain amount as the cost of the patent to the account of the intellectual property office. This fee will be announced in the form of an acceptance notice. Issuing the notice of acceptance means that the invention has been accepted by the patent registration office, and the payment deadline is 30 days from the date of issuing the notice.
No, according to the law, a grace period of 6 months has been set for each patent document from the date of registration of the declaration, during which the applicant can extend his patent document including the penalty. However, in case of non-renewal within the deadline, the patent certificate will be invalidated and the invention will enter its public period and its use will be allowed for the public.
No, the patented invention has lost its novelty and will not be able to be re-registered due to the disclosure at the time of registration.
The laws of some countries, such as Iran, have established a grace period of 6 months from the moment of disclosure of the patent by the inventor until the submission of the declaration, during which the patent will not lose its registrability due to this disclosure. (Article 4 of the law) Patents).
Drafting the text of the patent means writing the text of the patent , which according to Article 6 of the Executive Regulations of the Patent Law must include the following:
- Description of the patent
- Patent claim or claims
- Summary of the description of the invention
4. Map or maps if necessary.
Disclosure of patents in any way before registration of the declaration will invalidate it. However, if the inventor tries to disclose his patent in any way, such as attending exhibitions, presenting articles or interviews, etc. but after registering the declaration of disclosure of the take inventor presenting article or a speech about it will be unimpeded.
For more information about this service, visit the Patents and innovations page
Trademarks
According to Article 20 of the Industrial Design Registration Law, any combination of lines or colors and any three-dimensional shape with or without lines, colors, in such a way that changes the composition or shape of an industrial product or handicraft product, is an industrial design.
No, according to Article 20 of the Industrial Design Registration Law, in an industrial design only access to a technical result without apparent change is not subject to the protection of this law.
- According to Article 21 of the Law on Patents, Industrial Designs, and Trademarks, an industrial design can be registered when it is new or original. An industrial design is new when it has not been disclosed to the public through tangible publication or use in any other way before the date of submission of the declaration or, as the case may be, before the priority right of the declaration for registration in any part of the world. The provisions of Clause (e) and Clause (f) of Article 4 of this law can also be applied to industrial designs. A change in the color and size of an industrial design does not result in the registration of a new design.
- If the disclosure of the industrial plan has been made within six months before the date of the request or, in appropriate cases, before the date of the priority right of the industrial plan, it will not prevent registration. (Article 4)
- An industrial design is considered original if it is created independently by the designer and is not a copy or imitation of existing designs ,in such a way that .it is different from the designs that have already been made available to the public.
- Prevent unauthorized copying and imitation by third parties, or in other words, the exclusivity of the design in terms of its production and supply in the market.
- Fair competition
- Upgrading the products in terms of aesthetics
- Increasing the value and credit of a company and its products
- Granting permission to use a project by the owner to other people for a certain period
- Ensuring the return of investment.
Yes, the creator of a design, i.e. the designer, is usually the first owner of the design unless there are special cases and conditions. For example, in most countries, if a person who is employed has created a plan according to the terms of the employment contract, that is, he has done this during working hours within the company and as part of his duties in the company, the plan and the related rights will belong to the employer.
According to Clause (d) of Article 28 (of the Law on Patents, Industrial Designs and Trademarks,) the validity of an industrial design will be 5 years from the date of submission of its registration statement. This period can be extended for two consecutive 5-year periods after paying the relevant fee. After the expiration of each period, which starts from the end of the period, a six-month deadline will be extended to pay the fee, and a late fee will be considered.
Industrial design refers to the appearance of a product, which examines the product from aesthetic aspects, but the invention refers to providing a technical solution to solve a problem that leads to the production of a new product or product.
Yes, according to Clause (a) of Article 28 (Patents, Industrial Designs, and Trademarks Law), exploitation of any industrial design registered in Iran by individuals is subject to the consent of its owner.
The owner of an industrial plan can assign the exploitation of his plan to others in return for receiving royalties. In these cases, the exploitation contract of the industrial plan must be drawn up between the parties, and the rights and conditions of exploitation should be mentioned clearly and accurately.
- For real person:
- Copy of birth certificate and national card of the designer
- Copy of birth certificate and national card of the owner or owners
- Photo of the design in different angles
- For a legal entity:
- Copy of birth certificate and national card of the designer
- Copy of birth certificate and national card of the signature owners
- Announcement of the establishment of the company
- The latest announcement of company changes
- Photo of the design in different angles.
The usual period of time to register an industrial design is 4 months.
Yes, the website of the Industrial Property Office at http://iripo.ssaa.ir is a suitable source for searching.
With a change in size, the design cannot be considered new, but with noticeable and original changes in the appearance of the design, it is possible to register the design by filling out the declaration again.
Yes, according to Article 24 (of the Law on Patents, Industrial Designs, and Trademarks,) two or more industrial designs can be registered and submitted in one declaration, provided that they are related to an international classification or related to a set or combination of components.
According to clause (b) (of the Law on Patents, Industrial Designs, and Trademarks,) exploitation of a registered industrial design means: manufacturing, selling, and importing items containing that industrial design.
- Designs that are not new or original
- Designs that are created only as a result of the product’s technical performance
- Designs containing symbols or official emblems
- Plans against public order or good morals
For more information about this service, visit the Registration of industrial designs page
