The system of Iran Trademark Registration is governed by two treaties: the Madrid Agreement, which dates from 1891, and the Protocol relating to the Madrid Agreement, which was adopted in 1989. The system is administered by the International Bureau of WIPO, which maintains the International Register.
The objectives of the system are two-fold. It facilitates obtaining of protection for trademarks. Secondly, Iran Trademark Registration is equivalent to national registrations, which makes the subsequent management of that protection much easier. An application for Iran Trademark Registration may be filed by a person or a legal entity which has a real and effective industrial or commercial establishment in, or is a national of, a country which is party to the Madrid Agreement or the Madrid Protocol.
The International Bureau checks whether the international application complies with the requirements of the Agreement or Protocol and the Common Regulations, including requirements relating to the indication of goods and services and their classification, and that the required fees have been paid. The Office of origin and the applicant are informed of any irregularities; these must be remedied within three months, otherwise the application will be considered abandoned.
From the date of the international registration, the protection of the mark in each of the designated Contracting Parties is the same. An international registration is, therefore, equivalent to a bundle of national registrations. Likewise, an Iran Trademark Registration may be transferred to a new owner. An international registration can also be invalidated. Moreover, any action for infringement of an international registration must be brought separately to the court by each of the concerned Contracting Parties.
An Iran Trademark Registration is deemed to replace a national or regional registration for the same mark and the same goods and services recorded. The effect of replacement is that, if the national or regional registration is not renewed, the holder of the international registration may continue to benefit from the earlier rights acquired by reason of that national or regional registration.
The effects of an international registration can be extended to a Contracting Party not covered by the international application by filing a subsequent designation. Thus, the holder of an Iran Trademark Registration can expand the geographical scope of the protection of his trademark in line with his business needs. Moreover, a subsequent designation may be made in order to extend the protection of the mark to a Contracting Party, which was not a party to the Agreement or Protocol at the time of the international application.
A change in the ownership of an Iran Trademark Registration may be recorded, in respect of all or some of the goods and services. An Iran Trademark Registration is effective for 10 years. It may be renewed for further periods of 10 years on payment of the prescribed fees. The International Bureau sends a reminder to the holder and to his representative six months before renewal is due.