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Article · Chapter 4

Marks that cannot be registered

The following are not registrable as a trademark:

  1. 1.A mark that does not distinguish the goods or services of one person from those of other persons;
  2. 2.A mark whose content or use is contrary to Islamic standards (sharia), the law, or public order, or that disparages religious sanctities;
  3. 3.A mark that misleads the public, in particular as to the geographic origin of the goods or services or their characteristics, such as type, quality, quantity, and price;
  4. 4.A mark that is identical to a mark or trade name that has previously become well known in Iran for the same goods or services;
  5. 5.A mark that is identical to, similar to, or a translation of a mark or trade name that has previously become well known in Iran for the same goods or services or for similar goods or services, provided that it causes public confusion;
  6. 6.A mark that is similar to, or a translation of, a mark or trade name previously registered in Iran for the same goods or services, or for which registration has been applied for or which has priority, provided that it causes public confusion;
  7. 7.A mark that is identical to, similar to, or a translation of a mark or trade name previously become well known, registered, applied for registration, or having priority in Iran for other goods or services, provided that it causes confusion or harms the interests of the owner of the prior mark;
  8. 8.A mark that is identical to or resembles a military emblem, flag, or other state emblem, or the name, abbreviation, or initials of a name or official emblem belonging to a country, an intergovernmental organization, or organizations established under international conventions, or where the said matters form one of the components of that mark — unless the competent authority of the country concerned or the relevant organization has issued permission for its registration;
  9. 9.A mark that is identical to, or misleadingly similar to, marks relating to historical periods or antiquities;
  10. 10.A mark that is identical to or resembles the marks that certifying organizations and authorities — such as the Iranian National Standards Organization and the Ministry of Health, Treatment and Medical Education — issue to certify goods and services;
  11. 11.A mark that is identical to another's registered industrial design for the same goods or services.

Note — "Well-known marks" means the marks referred to in Article 6 bis of the Paris Convention for the Protection of Industrial Property, the determination of which rests with the Registration Authority.