Trademark registration

Trademark registration

A trademark is a mark that can distinguish the goods produced or services provided by a person/company from the goods or services of other companies and persons and is a way to identify a unique product or service. By registering your trademark, you can control the quality, compete with competitors.

A trademark can consist of a letter, number, word, phrase, sound, smell, image, aspect of packaging, or a combination of these.

FAQ

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)

Should the name be registered together with the logo or should it be done separately?

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.

How long does it take to be expired?
  • 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.

What are the benefits of trademark registration?
  • – 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.
    In case of company registration in knowledge-based companies, trademark registration is considered a privilege
Can the ownership of the brand be transferred to another person after registration? How?

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.

How long does the trademark registration take?

About 5 to 6 months.

Is it possible to register a trademark internationally but not domestically? Why?

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.

Can the owner of the design give permission to use the design to others?

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.

If the trademark renewal time passes What should be done and what will happen?
  • 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.

In order to add a class, what should be done and how long will it take?

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).

What names can be registered as trademarks?

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.

What documents are required to register 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
Will the repetition of a name lead to the rejection of a trademark registration request?
  • 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.

Can the ownership of the mark be divided between several people? How?

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.

How can I find out about registered names or marks?
  • Through the databases of the Intellectual Property Office.

Can we change the ownership if a trademark is first registered in the name of the company?

Yes, you must do it through a notary and it can be transferred to all natural and legal persons.

Steps of trademark registration?
  • 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
What are the costs of brand renewal?

The cost of renewing the brand is equal to the cost of trademark registration.

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