Trademark Registration
In today's competitive business world, protecting intellectual property is the key to success. One of the ways that businesses can defend their brand identity and prevent others from abusing it is registering a trademark. For this purpose, after choosing a brand name and querying it, you prepare your request and register it. This process takes between 75 and 100 days and its amount varies from two hundred thousand tomans to more than two million tomans.
Brand and logo registration
A trademark is any word, name, sign, design, device, or combination of these that is used to differentiate the goods and services of one seller from another. It is very important for any company to have a unique and memorable name or address because your customers can easily distinguish your business from your competitors. Brand registration or trademark registration means registering a brand name or logo under the ownership of a person or company. This process allows you to use your brand and logo as the owner and prevent others from misusing it. A trademark is different from an invention; Patent refers to technology and idea. It is also different from copyright because it only applies to works of art.
Advantages of trademark registration
Brand registration has countless benefits for your business, some of the most prominent ones are listed below:
- While unregistered trademarks that are used for sales and services may also have legal protection, if someone copies your brand, it is much easier to prove the claim if the brand is registered.
- Registering a trademark ensures that your logo is not similar to any other trademark and that you have not infringed on another company’s rights. Otherwise, you may unknowingly make a mistake and be forced to give up all the reputation and benefits you had gained under the unregistered name in addition to paying a fine.
- Registering a trademark prevents your competitors from registering a similar mark and gives you the advantage of being unique.
- Registering a trademark enables you to prevent competitors from abusing it through legal action if they infringe.
- Investors are always eager to know whether the business in question hasregistered its name and its main products or services or not. Trademark registration not only increases security, but also increases transparency and brand value if there is a merger of companies or expansion of services.
The most important points and rules of brand registration
The general rules of brand registration are the same in all countries. For example, the trademark in question must be distinctive and not similar to other trademarks. Another universal (international) law that exists in this case is the division of the registration process into two stages of review and objection by third parties. In general, the following points are among the most important things that you should keep in mind:
Choose a brand name
In choosing a brand name, it is very important and necessary to observe the following points, which prevents possible problems.
- Your mark should distinguish the services of your institution from the goods and services of other institutions.
- It should not be against Sharia standards or public order and good morals.
- It should not mislead the consumer about the geographical origin of the goods or their characteristics.
- Do not imitate the military insignia, flag or other state emblems or the name or official emblem of the country or international organizations.
- It should not be similar to the translation of another brand or brand that is active in the field of the same goods
- A mark that has already been registered in the name of another owner or the date of its registration application is earlier, if the said mark is for the same goods and services or related goods and services and causes confusion for the consumer.
- Not a descriptive sign.
- not common
Name inquiry for brand registration
After choosing a name and before registering your trademark, it is necessary to check the intellectual property system of Iran, which is a sub-category of the country’s Real Estate Registration Organization, to ensure that there is no similarity. . But keep this issue in mind if an international trademark is registered locally or through the Madrid protocol in Iran, that trademark cannot be found in the database of the Intellectual Property Organization of Iran and it is necessary to visit the Global Brand Database.
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Brand registration documents
To register a brand, one of the most important things to keep in mind is to prepare all the required documents; Because the absence of any of them can delay the registration process for a long time. These documents are different for natural and legal persons and are as follows:
Brand registration documents of natural persons
- Image of identity documents
- Membership in Sana system
- Signature certificate
- Logo image
- Activity license
- Business card (if the sign has Latin roots)
Brand registration documents of legal entities
- Announcement of establishment
- The latest announcement of changes
- Identity documents of the CEO and signatures
- Logo image
- Activity license
- Business card (if the sign has Latin roots)
Government fee for brand and logo registration
The cost of domestic and international brand registration is different depending on whether it is done by a legal or natural person. In general, the costs can be specified as follows:
| type of service | real person | legal person | Palkan Institute fee received |
Declaration registration for one floor Any additional floors | 200,000 20,000 | 400,000 40,000 | Get in touch |
Sign registration per floor Any additional floors | 1,200,000 100,000 | 2,400,000 200,000 | Get in touch |
| International trademark registration | It depends on the number of classes and countries. | ||
duration of brand registration
One of the most important questions that every person has when registering a brand is its duration. Generally, the time required for internal brand registration is between 75 and 100days; However, this time will be longer in case of problems such as incompleteness of documents and such cases.
International brand registration
If you are planning to start an international business, the first step is to register your brand so that the value of your work increases and you become known. This process is done in 3 different ways:
Local registration in the requested country
One of the methods of international brand registration is to register the mark in the requested country. For this, you must register and complete a declaration in the intellectual property office of the country you are considering according to the prerequisites and processes of the destination country. This process is usually time-consuming and expensive, especially when you intend to register a mark in several countries.
Sign registration through the Madrid International Protocol
The Madrid International System, administered by the World Intellectual Property Organization (WIPO), allows you to register your mark internationally. This system allows you to have the support of several countries just by filing a declaration.
Regional trademark registration
Some countries in the world have a system that allows a person to receive the support of member states of that regional system by filing a declaration. For example, in order to receive support from EU member states, you can apply through the European Union Intellectual Property Office (EUIPO).
Reasons for choosing a company for trademark registration
Whether you’re an entrepreneur or a business owner, you have many critical decisions to make, but the first one is protecting your brand. Since your brand is your most valuable asset, it is important to avoid any mistakes. Choosing a suitable and experienced company will increase your chances of success. When choosing the right company, you should keep these things in mind:
1- Expertise in trademark laws
Trademark law requires special skill, training, and experience. The field of intellectual property is very wide and has many sub-branches such as patent, trademark and copyright, and each branch has a wide area for itself. Therefore, it is better to choose a company that has enough experience and skills in this field.
2- A brilliant record in trademark registration
Any company can register a trademark, but not every trademark is successfully registered. Trademark registration is not just about simplifying paperwork, it is a legal process that requires skill and expertise. In this field, your livelihood and business are at stake, so it is not out of the question if you take a look at their past before going to intellectual property companies.
3- Extensive experience in trademark law
When choosing the right company, keep in mind that a trademark application is only one part of the trademark laws. As a business owner, you may face many challenges, such as searching for trademarks, responding to the administration, responding to objections, renewing, etc. in relation to your brand; At this time, the experience and help of an experienced lawyer will help you.
4- honesty and trustworthiness
Honesty and trustworthiness are very important characteristics for trademark companies. The success of your brand depends on your trademark, and you should be able to trust your attorney to help you achieve your goals. A good company must have the following conditions:
- Be by your side at every step of the way.
- to assure you that you will get a suitable result.
- Make sure your mark will be registered in the first attempt.
- Be trustworthy.
- The interests of your company should be a priority for them.
- You should be able to count on them for a long-term relationship, because after registering the sign, the next steps will come and monitor, renew or even object to the violation.Your rights are also one of the duties of the company.
5-concern
Trademark laws require attention and communication with the customer. Ready-made platforms found on the Internet do not have the concern of experienced companies in the field of intellectual property. Sometimes you need to work face-to-face with an experienced lawyer who understands and protects your business and the risks it faces. Your lawyer should answer your questions and concerns and inform you of the status of your case at any moment.
6- Efficiency and professional behavior
One of the reasons to refer to companies active in the field of intellectual property is to ensure a problem-free trademark registration process. In this way, you avoid the time-consuming and costly problems that may occur as a result of performing the registration procedures by yourself or as a result of referring to non-specialists.
7- Being known in the field of activity
It is very important to be excellent and well-known in the field of intellectual property. In choosing the right company, you should pay attention to the quality of their work. You can often rely on recommendations from other business owners and other customers of that company.
Frequently asked questions
Is the trademark the same as the logo?
Yes, the trademark can be designed or selected in three ways. A- Only one name (combination of Persian or Latin letters)
b- There should be only one image (it is the so-called logo)
What is the validity of registered trademarks?
The validity of registered trademarks is unlimited, but on the condition that it is renewed every 10 years on the date of registration of the declaration, otherwise the ownership will be confiscated and any other person can use that mark.
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 process take?
About 5 to 6 months
