A brand is often a business’s most valuable asset. Iran’s 2024 Industrial Property Act sets out how trademarks and trade names are protected, registered, kept, and defended. This guide covers the essentials for anyone building or protecting a brand in the Iranian market.
Key takeaways
- The Act protects four kinds of sign: trademark, collective mark, certification mark, and trade name.
- A trademark registration lasts ten years from filing and can be renewed for consecutive ten-year periods with no overall cap.
- A mark can be cancelled for non-use of three continuous years, so register, use the mark, and keep evidence of use.
- Genuine prior users are protected against bad-faith filers.
- A trade name is protected even without registration.
What are the four kinds of protected sign?
Article 95 defines four related rights:
- Trademark — any visible sign that distinguishes one person’s goods or services from another’s.
- Collective mark — used by the members of a group (a guild, cooperative, or union) under the owner’s supervision.
- Certification mark — certifies the quality or characteristics of goods or services and may be used by anyone who obtains the certification.
- Trade name — the name that identifies the person supplying a good or service.
What cannot be registered as a trademark in Iran?
Article 96 sets the limits. Among the signs that cannot be registered are:
- signs that are not distinctive;
- signs contrary to sharia, law or public order, or that disparage religion;
- misleading signs;
- signs identical or confusingly similar to a well-known or earlier mark;
- state emblems, flags and official signs;
- marks resembling historical or antiquity marks;
- official certification marks such as national standards;
- signs identical to another’s registered industrial design for the same goods or services.
How do you register a trademark in Iran? Process and timing
After filing, the Registration Authority examines a trademark application within three months at most and, if accepted, publishes it within one week; an opposition may then be filed within one month (Article 103). The Act also requires an image-processing search engine to assess similarity between applied-for and registered marks — a notable modernisation.
How long does a trademark last? Term and renewal
A trademark registration lasts ten years from the filing date and can be renewed for consecutive ten-year periods, with no overall cap, provided the renewal fee is paid (Article 111). Renewal should be requested six months before expiry, with a six-month grace period afterwards on a penalty equal to twice the registration fee. Unlike a patent or design, a trademark can, in principle, be kept alive indefinitely.
Can a trademark be cancelled? Cancellation for non-use
A registered mark is not immune from challenge. Under Article 110, any interested party can ask the court to invalidate a mark for non-use of at least three continuous years — counted up to one month before the request — unless force majeure prevented use. The same article allows invalidation within five years for breach of the registrability rules, with no time limit at all for marks registered in bad faith.
The practical lesson is simple: register, then genuinely use the mark, and keep evidence of that use.
Bad-faith registrations and prior use
The Act protects genuine users against opportunistic filers. Under Article 105, if someone registers your mark knowing you were using it, you can ask the court to invalidate that registration — provided you used the mark continuously for at least one year before their application. A prior user may also keep using the mark.
Trademark infringement and licensing
Using a registered mark without permission, or a confusingly similar mark that harms the owner, is infringement (Article 108). Owners who license their mark should note Article 113: the owner is liable to consumers for a licensee’s goods or services unless they prove effective, sufficient quality-control supervision. A licence is not a licence to stop watching quality.
Are trade names protected without registration?
A point often missed: a trade name is protected under the Act even without registration, and even where other laws make registration mandatory (Article 117). The name a business trades under carries protection in its own right.
For how to act against infringers, see our guide on enforcement, penalties and courts.
Frequently asked questions
How long does a trademark registration last in Iran?
Ten years from the filing date, renewable for consecutive ten-year periods with no overall cap, as long as the renewal fee is paid (Article 111). A trademark can, in principle, be kept alive indefinitely.
When should a trademark be renewed in Iran?
Renewal should be requested six months before expiry. There is a six-month grace period afterwards, subject to a penalty equal to twice the registration fee (Article 111).
Can a registered trademark be cancelled for non-use?
Yes. Under Article 110, any interested party can ask the court to invalidate a mark for non-use of at least three continuous years (counted up to one month before the request), unless force majeure prevented use.
How long does trademark registration take in Iran?
The Registration Authority examines the application within three months at most. If accepted, it is published within one week, and an opposition may be filed within one month (Article 103).
Does a trade name need to be registered in Iran?
No. Under Article 117, a trade name is protected even without registration — even where other laws make registration mandatory.
What happens if someone registers my trademark in bad faith?
Under Article 105, if someone registers your mark knowing you were using it, you can ask the court to invalidate that registration, provided you used the mark continuously for at least one year before their application. A prior user may also keep using the mark.
This is general information on the Industrial Property Act, not legal advice. For a specific matter, speak with HENGAM’s trademark and litigation team.
Sadegh Shamshiri
Sadegh leads on legal strategy and represents high-profile clients in IP litigation and enforcement — across trademarks, patents, designs, copyright, and domain names, including complex multi-jurisdictional disputes.