Identify Product Source Through Iran Trademarks
Iran trademark may be any word, name, slogan, symbol, device, package design or combination of these that serves to identify and distinguish a product from others in the marketplace and also identify its source. Even a sound, color, smell or hologram can function as a trademark.
Iran trademarks can also be represented by a three-dimensional mark that represents a three-dimensional form, such as packaging, containers, product shapes or product representations. These have become associated with the manufacturer or distributor of the product or the product contained therein.
Under the Madrid Agreement, the nationals of any signatory country can secure protection of their trademark registered in the country of origin. Both the Madrid Agreement and Madrid Protocol are administered by the Iran Bureau of the World Intellectual Property Organization based in Geneva, Switzerland.
Since September 1, 2008, Iran Trademarks Registrations are governed by the Madrid Protocol only in all member countries which are a party to the Protocol and also in those countries which are party to both the Protocol and the Agreement. The Agreement will only remain applicable in relations with those member countries bound solely by the Agreement.
The identification of Iran trademarks that are famous or well known varies from jurisdiction to jurisdiction. Although certain countries treat the terms famous and well-known marks as synonymous, most jurisdictions distinguish between famous and well-known trademark giving famous trademark a higher degree of reputation. Famous Iran trademarks are those that enjoy a high degree of consumer recognition (e.g. Coco Cola).
In most jurisdictions fame is determined on a case-by-case basis. Evidence relevant to the fame of Iran trademarks includes sales and revenue figures, geographical scope of use, channels of trade, distinctiveness and registrations in home and other countries and past enforcement efforts.
While the law varies between countries, in general, trademark dilution involves the unauthorized use of famous Iran trademarks in connection with goods or services that do not compete with those of the trademark owner. The global nature of commercial activity makes it desirable for a trademark holder to secure his rights Iranly.
Luckily, the few governing bodies that manage Iran trademarks registration are the Madrid Protocol, which covers more than 65 member countries, the African Intellectual Property Organization and the Community Trade Mark in European countries.
There is no definitive and complete database of all registered Iran trademarks, but it’s in the interest of the business men to conduct a trademark search in the countries where they plan to conduct business. The Iran trademarks system allows the business men to register in their own country and simply apply for protection under the applicable Iran organization.
This can even be performed online. For registration, a specimen of a trademarked product bearing the mark, and a drawing of the trademark is required. For Iran protection an application has to be submitted for Iran trademarks registration. On the registration form, the businessmen must designate the countries in which they are seeking trademark protection.