Absolute Refusal Grounds under Iranian Trademark Law

Introduction

When filing a trademark application in Iran, understanding the absolute grounds for refusal is crucial for securing enforceable brand protection. These rules function as non-negotiable barriers: if a mark violates them, registration is impossible no matter who applies. The Iranian Intellectual Property Office (IIPO) evaluates every application against these standards before publication. For businesses and brand owners, familiarity with these criteria helps prevent avoidable objections, reduce registration timelines, and safeguard branding investments in the Iranian market.

Legal Framework

Absolute refusal grounds in Iran arise from Article 96 of the Law on Protection of Industrial Property (2024). This provision defines which signs cannot be registered as trademarks, primarily to protect consumers, uphold public order, and preserve Iran’s legal and cultural norms. These rules ensure that trademarks fulfill their essential function as reliable indicators of commercial origin while aligning with national legal requirements.

1. Lack of Distinctiveness

A trademark must clearly differentiate one business’s goods or services from another’s. Signs that merely describe the nature, quality, or function of products or services lack the distinctiveness required for registration. The IIPO consistently prioritizes distinctiveness as the foundation of valid trademark protection, making originality and creativity critical for applicants.

2. Marks Contrary to Law, Sharia, Public Order, or Morality

Under Article 96(2), marks that contradict Islamic principles, statutory rules, public order, or accepted moral standards will be refused. This includes names, images, or expressions considered offensive, disrespectful, or contrary to Iran’s cultural values. Examiners evaluate both linguistic and visual elements to ensure full compliance with the country’s ethical and legal framework.

3. Deceptive or Misleading Marks

Any mark that misleads consumers regarding the origin, nature, quality, or price of goods or services is unregistrable. Examples include marks implying a foreign origin for domestically produced goods or suggesting qualities—such as “organic” or “handmade”—that the products do not possess. These rules protect consumer trust and maintain transparency in Iran’s marketplace.

4. Unauthorized Use of Well-Known Marks or Trade Names

Although typically a relative ground, Article 96(4) incorporates an absolute component: if a mark imitates or exploits a well-known brand, the IIPO may reject it even without an objection from the rights holder. Iranian examiners assess notoriety independently—especially for internationally recognized brands—to prevent confusion and unfair commercial advantage.

5. Unauthorized Use of Official Symbols and Emblems

Article 96(8) prohibits trademarks that are identical or similar to national flags, official emblems, military insignia, or protected symbols of Iran, other countries, and international organizations—unless formal consent is provided. This rule, aligned with Article 6ter of the Paris Convention, preserves the authority and integrity of official symbols and prevents misleading associations.

6. Historical and Cultural Symbols

Marks that reproduce or imitate historical, archaeological, or culturally significant Iranian symbols cannot be registered. This includes motifs related to ancient dynasties, national heritage artifacts, or protected cultural emblems. The purpose is to safeguard Iran’s cultural identity and prevent inappropriate commercial exploitation.

7. Official Certification or Quality Marks

Trademarks that resemble or imitate official certification or quality-control marks—such as those issued by the Iranian National Standards Organization or the Ministry of Health—are refused. Such imitation can mislead consumers and undermine the credibility of regulatory institutions responsible for public safety and quality assurance.

8. Conflict with Registered Industrial Designs

Registration is refused when a trademark is identical to an already registered industrial design covering the same category of goods or services. This prevents overlap between design protection and trademark protection and avoids granting multiple layers of IP rights over identical visual elements.

Examination and Enforcement

The IIPO examines every application for compliance with absolute refusal grounds before publication in the Official Gazette. If an issue arises, a refusal notice is issued with detailed reasoning. Applicants may submit a written response, amend the application, or challenge the decision. Persistent refusals may be appealed before the Commission of Reconsideration and, if necessary, the Administrative Justice Court.

How to Avoid Absolute Refusal

• Choose inherently distinctive and non-descriptive words or designs.

• Avoid religious, governmental, or culturally sensitive symbols or terminology.

• Review the mark to ensure it does not imply misleading qualities or origins.

• Examine the meaning of foreign-language terms to prevent unintended violations.

• Consult with Iranian trademark counsel to ensure full compliance with Article 96 and IIPO practice.

Conclusion

Absolute refusal grounds in Iran ensure that trademarks reinforce consumer trust, respect cultural and legal norms, and promote fair market competition. Businesses entering or operating in Iran benefit greatly from understanding these rules at the outset. By working with experienced local IP counsel, applicants can reduce the risk of rejection, streamline registration, and secure brand protection that aligns with Iran’s unique legal and cultural environment.