Non-use cancellation of trademarks in Iran
A registered mark in Iran can be removed if it has sat unused for three years. This page sets out when a mark becomes vulnerable, who may act, the defences a registrant can raise, and how we run a cancellation — or defend your registration against one.
In Iran a trademark is a right to be used, not warehoused. Where a mark lies unused for three years, the law gives an interested party a route to remove it — and the same rule leaves your own idle registrations exposed.
How non-use cancellation works in Iran
Iranian law treats a registered trademark as a right that must be exercised. The governing provision is Article 110 of the Industrial Property Act (2024). An interested party may apply to cancel a registration if it can show that the owner — personally or through an authorised party acting on the owner’s behalf — has not used the mark, wholly or in part, for a continuous period of at least three years, measured from the date of registration up to one month before the request is filed.
The purpose is to keep the register clean: registration protects marks in genuine commercial use, not marks parked to block others. A mark may be attacked in whole, or only for the goods and services on which it is not used — so a partial cancellation, trimming a registration back to the classes actually in use, is possible.
Who can bring an action
Standing is limited to an “interested party” — but under Iranian law that category is broader than it first appears. Alongside anyone treated as interested under the Civil Procedure Code, it expressly includes governmental bodies responsible for quality control of goods and services, and trade or industry associations active in the relevant field.
For a foreign company that wants to use a mark already sitting unused on the Iranian register, this generally means you qualify — a business intending to trade under the mark in that sector has the interest the law requires.
How the case is decided
A non-use action turns on a narrow, factual question: has the mark been genuinely used in the market, or not? It is an evidence-driven case rather than a matter of legal interpretation. The court examines the evidence of use, or its absence, and decides whether the registration should stand or be cancelled. A decision can be challenged on appeal.
Because the outcome depends on evidence, the strength of any action — for either side — rests on the quality of the proof that can be put before the court. We assess that honestly at the outset, so you know where a case stands before you commit to it.
Defending your own Iranian mark
The rule cuts both ways, and this is the point foreign owners most often overlook. If your company holds Iranian registrations you are not genuinely using — defensive filings, marks parked for a launch that never happened, brands held for the future — they are exposed to a non-use action once three years have passed. Two things protect a registration:
Evidence of genuine use. Keep dated proof that the mark is on goods in the Iranian market — invoices, packaging, advertising, customs and distribution records. In a contested action, this is what defeats the claim.
The force majeure defence. Cancellation is not automatic. A registrant can defeat the action by showing that circumstances genuinely beyond its control prevented use — events such as war or a pandemic are the kind of obstacle that may justify the non-use.
How we handle your matter
Assessment
We review the target registration, confirm the three-year window, and give you a written view of the prospects with a fixed fee for the action — usually within 1–2 working days.
Power of attorney
You execute and legalise our POA; the template and legalisation steps are on the instructing-counsel page. This runs in parallel and never holds up the case.
Filing and hearing
We file the cancellation action before the specialised IP court, present the case on the evidence, and meet any defence the registrant raises — including a force majeure or proof-of-use defence.
Judgment and the register
On a final ruling in your favour, the mark is cancelled and struck from the register. We report at each stage and advise before any appeal.
Defending a registration follows the mirror image of these steps — we assemble and present your evidence of genuine use, or the force majeure case, before the court and on appeal.
What we need from you
Costs
We work on fixed fees, quoted after the assessment. Your estimate itemises every component — official and court fees, translation of any foreign evidence, and our professional fee — so the full cost is known before you instruct us. There are no undisclosed charges, and the initial assessment is free.
Payment from abroad is workable and routine; the mechanics are set out when we send you the power of attorney.
Common questions
How long must a mark be unused before it can be cancelled?
A continuous period of at least three years, measured from the date of registration up to one month before the cancellation request is filed.
Who can bring a non-use cancellation action?
An “interested party.” Beyond parties interested under the Civil Procedure Code, this includes governmental quality-control bodies and trade or industry associations in the relevant field. A company intending to use the mark in that sector will generally qualify.
Can the owner save the mark?
Yes — by proving genuine use within the relevant period, or by showing force majeure: circumstances beyond its control, such as war or a pandemic, that prevented use.
From when does the cancellation take effect?
From the date of the final judgment — not retroactively to the registration date. The mark is treated as valid up to the ruling, which can matter for any dispute over the intervening period.
Which court hears these cases?
The specialised intellectual property branches of the Iranian courts.
We hold unused marks in Iran — are they at risk?
Yes. After three years of non-use they are exposed to a competitor’s action. Audit the portfolio and keep dated evidence of genuine use.
Send us the mark — we reply with a view and a fixed fee.
Free assessment
Email the registration number, or the mark concerned, and we respond within 1–2 working days with a view of the prospects and a fixed quote.
Email the markPOA pack
Ask us for the power-of-attorney template and step-by-step legalisation instructions, ready for execution.
Request the packReady to proceed
Instruct HENGAM directly and we open the file the same week.
Instruct HENGAM