Trademark and the Importance of Its Registration

Trademark and the Importance of Its Registration

To understand the importance of trademark registration, it is first necessary to define what a trademark is. A trademark or brand is a sign by which the products or services of a commercial enterprise or legal entity can be distinguished from those of others. It should be noted that such a sign must be visually perceptible. In today’s highly interconnected commercial environment, with numerous companies and brands operating simultaneously, protecting trademarks and ensuring exclusive rights to their use is critical.

In modern commercial transactions, from production and distribution to the consumption of goods and services, the position of a trademark and the extent to which its benefits are enjoyed by each commercial actor are particularly important. In contracts concluded by individuals or legal entities for the use of a trademark, the manner of use depends on the contractual obligations agreed upon. For this reason, registering a trademark is essential for commercial and manufacturing companies in order to protect their investments and legal rights.

Legal Effects of Trademark Registration or Non-Registration

The Importance of Trademark Registration

By registering a trademark, the exclusive right to use that trademark is granted to a natural or legal person engaged in commercial activity. As a result, the law provides trademark owners with legal protection and limits fraudulent practices in this field. Trademark registration helps improve the quality of a company’s products and services and reinforces the importance of branding.

An exclusive brand not only gives products and services a distinct professional identity and legal character but also constitutes a unique asset whose confidentiality, security, and protection are of considerable importance. After a trademark is registered, partners, customers, and intermediaries involved in the production, distribution, and consumption of goods and services are permitted to use the trademark only within the scope allowed by law or by contract. Accordingly, counterfeiting, theft, copying, or misuse of a trademark carries legal consequences and may be pursued before judicial authorities.

Trademark Classification

One of the most essential steps in trademark registration is selecting the appropriate classes. Trademark classification must be carried out based on the applicable business license. These classifications are divided into two main categories, namely goods, products, and services.

Where to Apply for Trademark Registration

Since most procedures and steps for trademark registration are conducted online, there is no need for an initial in-person visit to a specific authority.

All registration stages are completed online. Only after the submitted application has been approved by the experts and the head of the Trademark Office is it necessary for the applicant or their legal representative to visit the Intellectual Property Office twice. The first visit is to create the physical file, and the second is to receive the trademark registration certificate.

Documents Required for Trademark Registration

The documents required for trademark registration vary depending on whether the trademark owner is a natural person or a legal entity, and whether the trademark is in Persian or Latin script. The required documents for each category are outlined below.

Documents Required for Registration by Natural Persons

• Certified copies of the applicant’s national identification card and birth certificate.
• Certified copy of a commercial membership card in the case of a Latin trademark.
• Certified copy of an activity license, such as an establishment permit, operation license, or production license.
• Contact information, including email address, residential or business address, postal code, and mobile and landline telephone numbers.

Documents Required for Registration by Legal Entities

• Copy of the official gazette announcing the registration of the company.
• Copy of the official gazette announcing any registered amendments to the company.
• Certified copy of an activity license, such as an establishment permit, operation license, or production license.
• Copy of a commercial membership card in the case of a Latin trademark.
• Contact information, including email address, address, postal code, and mobile and landline telephone numbers.

The mobile phone number provided must be registered in the name of the applicant, whether a natural person or a legal entity.

If a trademark has multiple owners, whether natural or legal persons, the ownership percentage of each party must be clearly specified.

Frequently Asked Questions About Trademarks