Trademark Infringement

Trademark Infringement

In order to understand the concept of trademark infringement, it is first necessary to define a trademark. A trademark or commercial mark is a visible sign through which the products or services of a business entity or legal commercial person can be distinguished from those of others. It is essential that such a mark be capable of visual perception. In today’s highly interconnected commercial environment, where numerous companies and brands coexist, the protection of trademarks and the exclusive right to use them is of significant importance.

Laws and Regulations Governing Trademark Protection in Iran

Upon the registration of a trademark, the exclusive right to use that mark is granted to a natural or legal commercial person. Through this process, the law affords trademark owners legal protection and limits fraudulent practices in this field. Trademark registration contributes to the improvement of product and service quality and underscores the importance of branding. An exclusive trademark not only grants a distinct professional identity and legal personality to commercial goods and services but also constitutes a unique asset whose confidentiality, security, and protection are of great importance.

In modern commercial transactions, from production and distribution to the consumption of goods and services, trademarks play a central role, and the extent to which their benefits are utilized is particularly significant for all commercial actors. In contracts concluded between natural or legal persons for the use of a trademark, the manner in which the trademark may be used is determined by the obligations set forth in such agreements. For this reason, trademark registration is essential for commercial and manufacturing companies in order to safeguard their investments and legal rights.

Following trademark registration, 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 contractual agreements. Consequently, forgery, theft, copying, or misuse of a registered trademark carries legal consequences and may give rise to legal claims before judicial authorities.

In intellectual property law, the unauthorized appropriation of intellectual works and the associated criminal enforcement mechanisms constitute core mechanisms for protecting both the material and moral rights of the rights holder. The Trademark Registration Law, enacted in 2007, expressly provides in Article 31 that the exclusive right to use a trademark belongs to the individual or entity that has duly registered it in accordance with the law. Furthermore, Article 32 specifies in detail that copying, misuse, or any form of appropriation of another registered trademark creates legal barriers to the registration of such a mark.

It should be noted that theft, copying, misuse, or any other unlawful exploitation of a trademark entails both civil liability and criminal prosecution. Criminal intent plays a decisive role in the attribution of the offense and the determination of applicable penalties. Articles 40 and 61 of the Trademark Registration Law criminalize such acts, while Article 529 of the Islamic Penal Code recognizes forgery, theft, and misuse of trademarks as criminal offenses subject to discretionary punishment.

Frequently Asked Questions About Trademark Infringement