Common Provisions
Provisions
on Trademarks
CHAPTER 1
Application of Trademarks
Article 1
The
application for registration of an industrial or commercial trademark must
be made in Persian, dated, signed, and include the following:
1) Name,
address, and nationality of the applicant, and the original address of his
firm.
2) Name and address of the applicant's attorney in Tehran, if the
application is made through an attorney.
3) The occupation or type of
industry of the applicant.
4) Date, place, and number of registration
in the country or origin, if the trademark has been registered outside
Iran.
5) The registered address in Tehran chosen by the trademark
owner.
6) The name and address of the person or persons in Tehran, who
are competent to receive legal process and notices.
7) A description of
the kind of merchandise or products, for distinction of which the
trademark is being used, with a mention of the requested classes, as per
the Classification annexed to this Regulation.
8) A description and
specification of the trademark, and the particular manner of its use, if
any.
9) A list of the exhibits.
Note: The names and addresses of
applicants residing outside Iran must be written in Latin characters,
besides Persian , and must be registered and advertised in the same
characters.
Article 2
The application must have the following
exhibits:
1)The original or a certified copy of the power of attorney,
if the application is made through an attorney.
2)Ten specimens of the
trademark as it is used, plus additional specimens, to equal one specimen
for each additional class requested for registration. The applicant must
affix one specimen of the trademark on each application and sign it. The
third specimen will be affixed to the respective page of the Registration
Book during registration, and the fourth specimen will be affixed to the
Certificate of Registration. Trademarks that are embossed, or engraved on
goods, must be sketched on paper. The dimensions of the specimen should
not exceed ten centimeters on each side. Over each specimen affixed in the
above manner, the seal of the Branch Office of the Registrar of Companies,
Trademarks and Patents shall be affixed such that part of the seal is
placed over the specimen and the other part on the sheet of paper.
3) A
(stereotype) plate for printing the trademark distinctly (said plate
should not exceed ten centimeters on each side). If the trademark is
composed of one or several words, without any device or special letters,
then the applicant need not attach a printing plate.
4) If the
trademark has been registered outside Iran, the applicant has to submit a
copy of said registration in the original language, certified by the
office that has issued it, together with an unofficial translation in
Persian at the applicant's responsibility.
5) If the trademark is
adopted in order to distinguish the privilege of the goods of a group of
people, or the goods of a town or a district of the country, a certificate
issued by a competent authority concerning confirmation for use of the
said mark by producers of the respective goods.(In Iran the competent
authorities whose certificate, issued in connection with this paragraph,
the Registrar of Companies, Trademarks and Patents is obliged to accept
are, respectively:
1. Association of the Guilds.
2. Chamber of
Commerce or Industry.
3. The Municipality.
4. The
Governor's office
Article 3
The clerk
receiving the application shall make a preliminary review of its contents,
and after entering it in the Register of Received Applications, shall
return to the applicant the second copy which contains the same
specifications as the original - after signing and sealing it with the
seal of the Registrar of Companies, Trademarks and Patents, as a receipt.
The third copy of the application, which contains the same specifications
as the original one, will immediately be posted at the Branch Office of
the Registrar of Companies, Trademarks and Patents, up to the date of its
definite acceptance or rejection, so that any interested person may obtain
information concerning its contents, and submit his opposition in
accordance with the following Articles.
Article 4
A person requesting the
registration of several trademarks shall submit separate applications for
each one of them, as per provisions of the present Regulation. In this
case, if the application is made through an attorney - as per one power of
attorney only -the original power of attorney shall be attached to one of
the applications, and a certified copy of it must be attached to each one
of the other applications.
Article 5
Within 15 days from the date of
its submission, each application shall be examined as follows:
1) For
formalities to ensure that the application and its exhibits conform to the
principles set forth in the Act and the present Regulation. If
discrepancies are found in the application, the applicant will be so
notified in writing, so that he may cure same within an appropriate time.
(For those residing in Iran up to two months, and for those residing
outside Iran up to six months.) If the above periods be insufficient, the
applicant may apply only once for an extension of time.
2) For
conformity between the Class stated by the applicant for registration for
his merchandise and the Classes relative to this kind of merchandise. If
the merchandise is found not to be in accordance with the Class mentioned
in the application, the applicant for registration will be invited to
correct the classification of the specified merchandise.
3) For
conformity of the trademarks with the provisions of the Act and the
present Regulation.
Note 1. Regarding individualization and
distinction, as mentioned in Article 1 of the Act, common names of
products, or geographical names that mislead the purchaser as to the
origin and quality of merchandise, cannot be considered as trademarks of
distinction.
Note 2. The resemblance of trademarks, as mentioned in
Article 9 of the Act, may be in terms of outer appearance, or pronunciation,
or writing, or in any other way that causes ordinary consumers to err.
Article 6
In the following cases, if
within 15 days from receipt of the application it is found out that the
application is unacceptable, or if the applicant does not act for its
completion within the prescribed period of time, the Registrar of
Companies, Trademarks and Patents, will notify the applicant in writing,
about the rejection of his application, mentioning, in pertinent part, the
causes of rejection.
Article 7
For each trademark for which an
application for registration has been accepted per Article 5, the Registrar
of Companies, Trademarks and Patents shall publish an advertisement in the
Official Gazette. This advertisement will contain the name and address of
the owner of the trademark, the trademark itself and its characteristics,
and the goods for which the trademark will be used.
Article 8
All modifications by the
applicant of registration after publication of the advertisement, must be
by submission of a new application. This application will be subjected to
examination prescribed in Article 5 of the present Regulation. If the
modifications and changes be accepted by the Registrar of Companies,
Trademarks and Patents, same will be announced for information of the
public, by means of a new advertisement.
Article 9
30 days after publication of the advertisement, if no
opposition is lodged, the Branch Office of the Registrar of Companies,
Trademarks and Patents shall register the trademark.
CHAPTER
2
Registration of
Trademarks
Article 10
The registration of a trademark will be made in
a special Register, with a mention of the following points:
a) Date and
ordinal number of the application
b) Date and registration number, and
the specifications mentioned in the Article 1 of this regulation.
c)
Affixing one sample where reserved for this purpose.
d) Registration
fee and other fees received for each Class.
e) Signature of the
applicant or his substitute, in such a way that part of his signature be
on the paper and part of it on the trademark.
f) Signature of the Head
of the Branch office of the Registrar of Companies, Trademarks and
Patents, or his substitute.
Note: Two pages will be reserved for each
trademark in the Register of Trademark Registration.
Article 11
After registration of the
trademark, a certificate comprising the following points, and a complete
sample of the trademark affixed on it, will be delivered to the owner of
the trademark or his representative:
1. Reception date of the
application and its entry number in the Register of Applications for
Registration.
2. Registration date of the trademark and the number of
its registration.
3. Name, profession, residence, and nationality of
the owner of the trademark.
4. Kind of merchandise, or product, or
group of products for distinction of which the trademark is used.
5.
Specification of the parts for which the owner of the trademark has
reserved the right of exclusive use.
6. Date, number and place of
foreign registration, if the trademark has been previously registered
outside Iran.
7. Issuance date of the Certificate.
8.Validity
period of the registration of the trademark.
9. Signature of the
Director of the Branch office of the Registrar of Companies, Trademarks
and Patents, and of the Director General of the Registration Office for
Documents and Estates.
Article 12
Within thirty days after
registration of each trademark, the Registrar of Companies, Trademarks and
Patents shall publish an advertisement including all the points set forth
in Article 11.
Article 13
If a trademark, registered for products set forth in
Article 1 of the Act is not commercially utilized - without a plausible
reason - within three years from date of registration, either by the owner
of the trademark or his legal representative or substitute, in Iran or
outside Iran, any interested person can apply to the Court of First
Instance for its cancellation.
CHAPTER
3
Changes
Article 14
Changes concerning the trademark, or the class of
merchandise, or the owner of the trademark, as well as changes in his
address, nationality, or his legal representative in Iran will not be
officially recognized unless registered in Iran. Registration of these
changes will be made on the special pages of the relative trademark.
Registration of changes will be effected as per an official application
signed by the owner of the trademark or his legal representative. The
application must be made in three copies, and changes must be described
therein in detail, and the relative documents and the payment receipt of
the Registration Fee must be attached to it. Examination of the
application and registration of changes shall be effected in accordance
with the principles set forth for registration of the trademark. Changes
concerning the residence, or the name, or the main address of the owner of
the trademark or his legal representative in Iran need not be
published.
Article 15
If the changes concern the trademark itself, ten specimen of the new trademark must be
annexed to the application.
Article 16
Registration of changes must
be effected on the special page of that trademark, and the matters be
inscribed on the reverse side of the Certificate by the Registrar of
Companies, Trademarks and Patents.
Article 17
If the trademark has been
transferred by any legal means, in the application for changing the name
of the trademark owner the following points must be explicitly defined.
a) Number of Registration in Iran.
b) Name, address, and
nationality of the new owner.
c) Name and address of his legal
representative in Iran.
Article 18
Legal documents of the
transfer, the power of attorney, and the Certificate of Registration in
Iran must be annexed to the application. (The Certificate of Registration
will be returned to the new owner of the trademark, after registration of
changes and their inscription on the reverse side of the Certificate.)
Note: If the assignment has been registered outside Iran, a certified
copy of the excerpt of the registration of the foreign trademark office is
sufficient.
Article 19
In the event the owner of the trademark or
his legal substitute grants another person the license to utilize that
trademark, this license will be valid if the relative license agreement is
registered in Iran. Registration of this license agreement will be
effected as per a written request of the owner of the trademark or his
authorized representative, or the licensee. Payment receipt of the
registration fee and of the advertisement charges must be annexed to the
application. In the application for registration of the mentioned license
agreement, the duration of the license and the limits of its conditions
must be defined. A summary of the contents of the license agreement will
be published. The Branch office of the Registrar of Companies, Trademarks
and Patents, after examining and comparing of the application with the
provisions of the Act and the Regulation, will act for its registration,
and will publish an advertisement containing the name of the trademark
owner and that of the licensee of the same mark, number of the trademark,
and a summary of the contents of the license agreement, and will deliver
to the interested person an excerpt of the mentioned
registration.
CHAPTER 4
Renewal of
Registration
Article 20
Up to six months after the expiry of the validity of
a trademark registration, any trademark owner, or his substitute or legal
representative, can apply for renewal of the registration once in every
ten years. The application for renewal of a trademark registration must be
drawn up in two copies, duly signed by the owner of the trademark or his
substitute or his legal representative, and a specimen of the trademark
affixed on it. Renewal of a trademark registration will be effected by
payment of the same fees and charges as, provided for registration of a
trademark. Renewal of registration will be entered in the Register of
Trademarks in continuation of the original registration. If a change is
made in the trademark when renewing the registration, the provisions in
connection with changes must be totally complied with in every respect.
Renewal of registration need not be published if no changes have been made
in the trademark. If the duration of the validity of a trademark has
expired, registration of the same trademark by its original owner, or by
others, is subject to provisions and formalities in connection with
registration of trademarks. Interested persons can submit their opposition
within 60 days from the date of the publication of the advertisement.
CHAPTER
5
Classification of
Goods
Article 21
Classes of products for trademarks, that a
special fee is charged for registration of each class as per Article 15 of
the Act, are defined in the list annexed to this Regulation. At the time
when renewing the registration, or in accordance with the request of the
owner of a registered trademark, the Branch office of the Registrar of
Companies, Trademarks and Patents shall rectify the class of the products,
both in the Register and in the Certificate of Registration, as per the
list annexed to this regulation.
CHAPTER
1
Application of
Patents
Article 22
The application for registration of a patent must be made in Persian,
dated, signed, and include the following points:
1) Name, profession,
address and nationality of the applicant.
2) Name and address of his
attorney in Tehran, if the application is made through an attorney.
3)
The subject of the invention, concisely and clearly.
4) The validity
period that the applicant wants to reserve for his letters patent, within
the limits of Article 33 of the Act, and without my conditions or
restrictions
5) Date, place of issuance, and number of the letters
patent issued outside Iran, if a letter Patent has been issued for that
invention outside Iran
6) The address chosen by the applicant in
Tehran.
7) Name and address of the person or persons residing in Iran,
competent to receive all notifications concerning the invention, for
registration of which application is lodged.
Note: In the application,
the name and address of the applicant, subject of the invention, the name
of the country where the invention was formerly registered, and the number
and date of registration in the foreign country may be written in French
or English.
Article 23
The application must have the
following annexes:
1) A detailed description in triplicate of the
invention or of the new process for which a letters patent is requested.
2) Drawings necessary for comprehension of the mentioned description,
in triplicate.
3) Receipt of the Cashier of the Registrar of Companies,
Trademarks and Patents, evidencing the payment of the amounts specified in
Article 32 of the Act.
4) The power of attorney, if the application is
submitted, through an attorney.
Article 24
The application must be
limited to the main subject of one invention and to the detailed subjects
relative to that same main subject. Note: If the patent has formerly been
registered in a foreign country, the applicant can apply for a single
letters patent based on the original invention and its relative
complementary invention.
Article 25
The detailed description of
the invention which is annexed to the application in accordance with Article
23 must be in Persian, and at the end of it a summary of the invention and
the method of its application must be added. However, if it is not
practicable for the applicant to prepare it in Persian, he may prepare the
complete specification either in French or English, and annex its summary
in Persian.
Article 26
The mentioned description, in
whichever language it nay be, must be legible, and written in such a way
that, by reading it, people in posses ion of Information be enabled to
understand its subject and novelty. Effacing, erasing, and writing between
lines is prohibited. Superfluous words must be crossed out and their
number noted at the end and signed. All pages, as well as copies, must be
'signed by the applicant or his attorney. Drawings must be in ink and on a
metric scale, and must bear the signature or seal of the applicant or his
attorney.
Article 27
Description of the invention
and its drawings must be up on papers 34 centimeters length and 22
centimeters width, and only on one side of the paper, in such a way that
the reverse side remain blank. The pages of the description must have
consecutive numbers and must be affixed to each other by means of a ribbon
or staple press. The drawings must be traced on special drawing paper, and
must have consecutive ordinal numbers.
Article 28
Upon receipt of the
application, the Registrar of Companies, Trademarks and Patents, after
investigating the correctness of its preliminary formalities and entering
the application in the Register of Received Applications, shall return to
the applicant its second copy which contains the same specifications as
the original one - after signing and sealing it with the seal of the
Registrar of Companies, Trademarks and Patents, and after inscribing in it
the date: hour, day, month and year of its receipt, all in words.
Article 29
Within 15 days from the date of receipt by
the Registrar of Companies, Trademarks and Patents, the officer in charge
of the inventions section shall review the application and its annexes
from the view point of conformity with the provisions of the Act and
Articles of the present Regulation. Should deficiencies be noticed in the
application or its annexes, the matter will be communicated to the
applicant in writing, and in the meantime, for elimination of the
mentioned deficiencies a time period of about two months will be
proscribed - if the applicant is residing in Iran, or six months if the
applicant is residing outside Iran. In the event of a plausible reason,
the Branch Office of the Registrar of Companies, Trademarks and Patents
will extend this period only once if the applicant does not eliminate the
mentioned deficiencies within the prescribed of time, or if the
application is not in conformity with the provisions of the Act, the
Branch Office of the Registrar of Companies, Trademarks and Patents will
reject the deficient application mentioning the reason, and will notify
the applicant about the matter in writing. The applicant - in compliance
with the time period prescribed in the Act - can complain at the Court of
First Instance against rejection of application.
CHAPTER
2
Registration of Patents
Article 30
If the application is found to be correct and in conformity with
the law, the invention will be registered in a special Register, with a
mention of the following points:
1) Number of registration.
2)
Number of the Register of Applications.
3) Date of receipt of the
application mentioning hour, day, month and the year.
4) Name and
complete address of the applicant.
5) Name and address of the attorney
of the applicant, if the request for registration of the invention has
been made through an attorney.
6) Subject of the invention.
7)
Validity period of the letters patent.
8) Number of registration and
validity period of the foreign letters patent.
9) Registration date of
the invention.
10) Signature of the head of the Branch Office of the
Registrar of Companies, Trademarks and Patents.
11) Signature of the
applicant for registration for the invention or his representative.
NOTE: Two pages will be reserved for each invention in the Register
for Inventions. Any change or accomplishment concerning the subject of
invention, as well as all transfers and re-transfers that may be effected,
partly or totally in connection with the invention, must be registered in
the mentioned pages.
Article 31
After registration of the
invention, the letters patent that is handed over to the owner of the
invention must comprise the following points:
1) Number of
registration of the invention.
2) Date of registration of the
invention.
3) Number of the Register of Applications.
4) Subject
of the invention
5) Date of submission of the application.
6) Name
and complete address of the owner of the invention and his attorney.
7) The address of the owner of the invention in Iran.
8) Validity
period of the letters patent.
9) Number of registration and validity
period of the invention in foreign country.
10) Signature of the Head
of the Branch Office of the Registrar of Companies, Trademarks and
Patents.
11) Signature of the Director General of the Registrar of
Companies, Trademarks and Patents.
12) Number and issuance date of the
letters patent. One copy of the description of the invention, its summary,
and the drawings, must be attached to the letters patent by means of a
ribbon or staple press and must be sealed.
Article 32
Within thirty days after
registration of each invention, the relative registration office will
publish an advertisement comprising the following points: Registration
number of the patent, validity period of the letters patent, name and
complete address of the owner of the patent subject of the invention. The
mentioned advertisement, signed by the head of the Branch Office of the
Registrar of Companies, Trademarks and Patents, will be published in the
Official Gazette.
Article 33
The validity period of the
letters patent will be calculated as from the submission date of the
application.
CHAPTER
3
Changes
Article 34
Any changes or addition or accomplishment, brought about in an
invention during the validity period of the relative letters patent will
be subject to, the provisions of Articles 23 and 24.
Article 35
For the mentioned change
and/or accomplishment, and/or additions, a letters patent will be issued
complementing the original letters patent. The complementary letters
patent will be subject to the same provisions as prescribed for the
original letters patent, but the validity period of the complementary
patent cannot exceed the validity period of the original letters patent.
Article 36
Any owner of a letters patent
desirous of obtaining for a change, or accomplishment, or additions, a
separate original letters patent instead of a complementary one, must
comply with the provisions of the Act, as well as the provisions of the
present regulation in that they are concerned with the letters patent, and
must pay the registration fee and other charges.
Article 37
In case the applicant for a
complementary letters patent is another person, and not the owner of the
original invention, the complementary letters patent does not permit him
to utilize the original invention, and the owner of the original invention
cannot benefit from the complementary invention, unless an agreement is
reached between them.
Article 38
Changes concerning the name,
address a nationality, and representative of the owner of invention will
not be officially recognized unless if registered in Iran. Registration of
these changes will be effected by means of an official application, signed
by the owner of the invention or his legal representative. The application
must be in triplicate, and the changes must be mentioned therein in
detail, and the relative documents and the payment receipt of the
registration Fee must be annexed to it. Examination of the application,
and the registration of changes will be effected in accordance with the
principles set forth for the registration of the invention. Changes
concerning the address and name of the owner of the invention or those of
his legal representative in Iran need not be published.
Article 39
Registration, and the matter
must be inscribed on the reverse side of the letters patent by the Branch
Office of the Registrar of Companies, Trademarks and Patents.
Article 40
In case an invention is
legally transferred, the following points must be distinctly stated in the
application:
a) The number of registration in Iran.
b) Name,
address and nationality of the transferee.
c) Name and address of his
legal representative in Iran.
Article 41
The legal documents of
transfer, the power of attorney, and the letters patent of registration in
Iran must be annexed to the application. The letters patent will be
returned to its owner after registration of the transfer.
Article 42
If the transfer has taken
place outside Iran and the branch office the Registrar of Companies,
Trademarks and Patents has registered said transfer, then an excerpt of
the above-mentioned registration shall be the evidence of transfer.
Article 43
The owner of an invention
registered in Iran can grant license to another person for utilization of
his invention, under any condition. This license must be registered in the
Register of Inventions, on the special pages of that invention, and must
be published in the Official Gazette.
Article 44
The Registrar of Companies, Trademarks and Patents,
after examining the application in its conformity with the provisions of
the Act and the Regulation will effect its registration, and will publish
an advertisement containing the name of the owner of the invention, and
that of the licensee of the invention, number of the invention, and a
summary of the contents of the license agreement, and will deliver to the
interested person an excerpt of the said registration.
Common Provisions
CHAPTER
1
Article 45
The Branch office of the Registrar of Companies,
Trademarks and Patents shall issue the letters patent or Certificate of
Trademark Registration after printing and publication of the relative
advertisements.
Article 46
If the applicant for
registration of a trademark or patent is not residing in Iran, he must
choose a known and distinct address in Tehran, or designate another person
residing in Tehran, competent to receive all notifications concerning
trademarks and inventions. This said duty rests upon a person not residing
in Iran who opposes a trademark or a letters patent. All notifications
will be served at the address of the interested party, or at the address
of the person or persons designated in accordance with the present
Article.
CHAPTER
2
Legal Procedures Concerning Trademarks and
Patents
Article 47
Any person opposing a trademark or a
letters patent, either before registration of the trademark or the patent,
or after it, must deposit the equivalent of one hundred gold Rials at the
Treasury of Ministry of Justice, and must annex the receipt thereof to his
petition of opposition. Should the objector lose the case, the defendant's
losses will be covered from this sum, and should his losses exceed the sum
of 100 Rials, he1 will refer to the Court for the balance.
Section 1 - Appeals against Rejection of
Application
Article 48
The following documents must be annexed to the
petition lodged by the applicant for registration of a trademark or
invention, in case his application is rejected as per Article 7 of the Act:
1) original or certified copy of the decision due to which the
application for registration has been rejected.
2) Objections which
the applicant has against the said decision.
3) Receipt of the deposit
as per Article 47
4) Power of attorney, in case the petition has been
submitted through an attorney.
Article 49
The Clerk
of the Court will fix the day of session, and will notify the plaintiff,
as well as the officer in charge of the Branch Office, mentioned in Article 6
of the Act, so that they present themselves on the specified day. The
plaintiff may apply for an extension of time not exceeding 6 months. On
the day of the session, the Court will hear the oral arguments of both
parties, and will pronounce the appropriate verdict. The non-attendance of
either party will not hinder the issuance of the verdict, in this case the
verdict against the absent party will be deemed as pronounced in his
presence.
Article 50
The
procedure to be followed at the Court of Appeals will be as indicated in
the above Article.
Section 2 - Objections to registration prior to the Registration
of a Trademark or Invention
Article 51
Objections relative to trademarks or inventions not yet registered
must be submitted in writing to the Branch Office of the Registrar of
Companies, Trademarks and Patents. Against the letter of opposition a
receipt will be given indicating the date of submission. The objector must
include the following points in his letter of opposition:
1. His name,
profession, and address in Teheran.
2. Mention of all evidence and proof, according
to which he deems himself justified in opposition.
Article 52
Certified
copies of documents on which the objector's claim is based must be
attached to the letter of opposition, if possible.
Article 53
If the
opposition of the objector is based on a right of ownership he claims on a
trademark or patent, the registration of which is applied for by another
party, without that trademark or patent having been registered in Iran in
his name, his opposition will only be accepted if he files an application
for registration of said trademark or patent, in accordance with the Act,
and in accordance with the provisions of this Regulation. This same
procedure will be followed in every case when the opposition is made by
the objector in order to safeguard his rights in connection with a
trademark or patent, which trademark or patent has not yet been registered
in Iran, unless it is not legally possible to register said trademark or
patent.
Article 54
Within 10
days after receipt of the letter of opposition, the Branch Office of the
Registrar of Companies, Trademarks and Patents shall notify same at the
address of the applicant of registration, or of the persons designated as
per Article 46. In the notice, explicit warning must be made that if he
surrenders to the opposition of the objector, he must withdraw his
application for registration of the trademark. The procedure for serving
the letter of opposition is in accordance with provisions of the Code of
Civil Procedure concerning notification of petitions.
Article 55
If the
applicant surrenders in writing to the opposition of the objector, his
application will be returned to him, and the latter will be notified in
writing to the objector. In the event of the trademark or patent not being
previously registered, steps for its registration will be taken in
accordance with his application, lodged jointly with his opposition, as
per provisions of Article 53.
Article 56
The
objector must refer to the Court of First Instance in Teheran within 60
days from the date when his opposition was notified to the applicant,
unless if the applicant surrenders to his opposition before the expiry of
said period of time, as per above Article.
Article 57
If the
objector does not refer to the Court of First Instance in Tehran within
the period mentioned above, the Branch Office of the Registrar of
Companies, Trademarks and Patents shall, upon request of the applicant,
register the trademark or invention in the name of the applicant, after
having obtained a certificate from the Registry of the Court of First
Instance in Tehran to the effect that a petition was not filed. In such a
case, fees and charges paid by the objector in conformity with Article 16 of
the Act will be appropriated in favor of the State.
Article 58
If the
objector is unable to attach to his petition all his documents and
evidence, upon his request, the Chief Judge will grant him, after
investigation, and if found necessary, an extension not exceeding six
months.
Article 59
The above
extension shall also be granted to the applicant of registration in order
that he may submit documents in his defense.
Article 60
The other procedures to be followed either in the Court of First
Instance or in the Court of Appeals are the same as prescribed for
commercial cases.
Section 3 -Objections to Registered
Trademarks or Patents
Article 61
Any person who wants to
request cancellation of a trademark or letters patent registered in Iran
must file a petition at the Court of First Instance in Teheran. This
petition must have the following exhibits:
1) Certified excerpt, by
the Branch Office of the Registrar of Companies, Trademarks and Patents,
attesting to the registration of the trademark or patent, cancellation of
which is requested.
2) Originals or certified copies of all the
documents on which the claim of the plaintiff is based.
3) Power of
attorney if the petition is filed by an attorney.
Article 62
Service of the petition, written preliminaries of the
case, and other procedural matters shall comply with the provisions of the
Code of Civil Procedure, but the provisions of Article 59 must be applied in
favor of the defendant.
CHAPTER
3
Means of
Attachments
Article 63
The owner of any trademark, as well as the owner of any letters
patent, or their legal substitute, may, upon order of the magistrate of
the peace, the nearest to the place where the contested goods are located,
take a detailed inventory of such allegedly infringing goods. The
execution of the above order will be effected by customs officials, if the
goods are still in customs, or else by a sheriff. Attachment of the goods
may only be effected if the Court expressly so orders. The Court order, in
either of the above two cases, shall be issued according to the petition
of the owner of the trademark or the letters patent, or their legal
substitute. A certified copy of the Certificate of Registration of the
trademark or patent must be annexed to the petition. If the owner of the
trademark or letter patent applies for attachment of the goods mentioned
above, he must give sufficient undertaking for the recovery, if necessary,
of all damages suffered by the other party, including loss of profits.
Article 64
In suits
arising from rights arising out of the registration of trademarks or
patents, the plaintiff in civil actions, and the civil party in penal
actions may, at any time, request from the legal authorities trying the
case to issue an injunction to secure the evidence, or an order attaching
the forged or imitated goods, or request the issuance of a temporary
restraining order prohibiting the manufacture, sale, or importation of
forged or imitated products. The legal authorities shall comply with said
request and may, before issuing their order, demand a sufficient
undertaking from the plaintiff, so as to recover, if required, all damages
suffered by the opposing party, including any loss of profits.
Article 65
If the plaintiff
does not initiate a suit, either through civil or penal channels,
within 10 days after the issuance date of the order mentioned in Article
63 of this Regulation, and in compliance with the provisions of Article 615
of the Code of Civil Procedure, the detailed list that he may have taken,
or attachment that may have been effected, will become null and void;
and he will be liable for the damages incurred by the other party, as
per Article 63.
Charges
Article 66
The
respective charges of trademarks and patents will be follows:
1) Fees
for translation and preparation of certified copies, as per regulations
relative to official translators and preparation of copies of documents.
2) Tariff of advertisements: as per the tariff of the Official
Gazette.
3) For transactions and transfers relative to inventions -with
the exception of the case mentioned in Paragraph 4 of this Article -as per
the tariff determined for registration of documents, provided that the
collected sum does not exceed 40 Gold Rials.
4) For registering the
transfer of a patent through inheritance: 3 Gold Rials.
Article 67
From the
effective date of this Regulation, the Implementation of the Trademarks
And Patents Registration Act, ratified on 29-4-1310 is abolished. This
regulation will be in force 10 days after its publication in the Official
Gazette.
