Required Documents for registration of Trademarks
- The full name and address of the applicant and type of its activities.
- The photocopy of Certificate of Incorporation of the applicant.
- A power of attorney as per sample copy attached. It should be legalized up to the Iranian Consulate.
- 20 prints of the mark if they are not in plain words.
- List of goods and classes.
- If claiming priority, a certified copy of the priority document.
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New Policy Toward Letters of Consent & Co-Existence Agreements In IRAN
The Iranian Trademark Law does not contemplate any type of regulation regarding trademark coexistence agreements or letters of consent.
Nevertheless, these legal instruments are broadly utilized in the country to avoid or overcome the objections raised by the Trademark Office (TMO) to those trademark applications that pose a conflict with identical or similar registered trademarks.
In the past, the TMO was rather flexible in these cases, which allowed the applicant to comply with an objection on the grounds of a previous trademark, simply by furnishing a coexistence agreement or a letter of consent. However, recently the TMO’s attitude has been more rigid, greatly reducing the effect of such instruments in our country.
As grounds for this shift, the TMO resorts to the interest of consumers, arguing that the trademark law doesn’t only seek to protect the private interest of trademark owners but also intends to protect the collective interest of the consumer population. That is why it has considered that the documents in question would only ensure the non-existence of damages for the trademark owners, leaving open the possibility of confusion that such coexistence might bring about for consumers.
Letters of Consents and coexistence agreements are only accepted for subsidiaries or sister companies, whose trademarks, in many cases, overlap.
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