Trademark
Trademark includes any design, pattern, expression, seal, shape and special logo that makes the difference between goods and services. In other words, the distinctive feature of a company or a manufacturer comes from their trademark. This sign or brand is a lasting factor in the customer’s mind and memory, which, upon hearing it, evokes the product‘s features in the customer’s mind. On the other hand, what makes a business famous is its trademark. These signs will not only give fame and popularity, but also cause the correct transfer of concepts.
Trademark Features
1. New and Original
2. Its appearance should convey a specific message.
3. Not used by others.
4. In addition to the subtleties of the appearance, we must avoid the simplicity of the sign.
5. Not using figures and attributes that express the quality of good.
6. Not using generic words or descriptive phrases. Like Iran, pickles and…
Trademark Transfer
Transfers of these signs are valid if they are done in accordance with the laws and regulations and are registered. Registration of changes will be done on the special page of the mark and with the signature of the official statement by the owner of the mark or his/her legal representative. The duty of the initial registration of the mark and the subsequent changes and transfers made on it is the responsibility of the intellectual property department.
Trademark Protection
The importance of having a trademark is not hidden from anyone. But the important thing to consider in this regard is the importance of recording these symptoms. With registration, the trademark is protected by law and belongs exclusively to the person or company registering.
Therefore, it is prevented from providing similar goods by third parties and misleading the consumer. If we do not register our trademark, there will be a possibility that competing companies will produce and offer similar products using the same trademark. In this case, offering similar products will mislead customers and lead to the sale of competing products. However, by granting the right to use the registered trademark to a third party, it will include a source of income for the person or company. It is also possible to grant a sales representative in this way.
Advantages of Trademark Registration
1. Differentiate between brands and similar products
2. During the conclusion of the contract, the use of the brand and trademark gives a legal image to our work.
3. The possibility of using facilities and privileges
4. Prohibition of abuse of other people
5. Increasing the value of goods and services
Types of Trademarks
We will see the use of such signs in different fields. In the following, we will mention some of these areas:
1. Metal industries and products
2. Chemical industries and productions
3. Textile industries and products
4. Sports products
5. Food and agriculture
Procedures for Registering Trademarks or Brands
The process of registering symptoms is 10 steps:
The First Step
Choosing the brand name that we want to be known by. For this purpose, we should use titles that are not prohibited in terms of registration and general laws and cases.
The Second Step
Brand name inquiry. At this stage, we ask for our chosen name, which has not been registered anywhere before.
The Third Step
Completion of documents. This step is done after querying and confirming the chosen name.
The Fourth Step
Registration of declaration. Declaration registration is done on the intellectual property website.
The Fifth Step
In order to verify the user account created on the intellectual property site, we go to the notary office and receive a signature certificate.
The Sixth Step
At this stage, we upload the documents and receive the username and password.
The Seventh Step
At this stage, we pay the fee for the declaration on the intellectual property site and receive the username and password.
The Eighth Step
After registering the declaration, within 10 to 15 days, the application for brand registration will be sent to be published in the official newspaper. If there is no objection from third parties regarding brand registration within one month, we will send physical documents and finalize the registration process.
The Ninth Step
At this time, we receive a text message to refer to the intellectual property office in person. In the following, we should physically refer to the mentioned office along with the original documents.
The Tenth Step
Now that there is no longer an obstacle in the way of brand registration, it is time to pay the fee for brand and trademark registration.
Prohibited Trademarks
1. Using the flag of Iran or other countries
2. Using the red Halal Ah-mar logo and other government emblems
3. Using words or phrases related to Iranian government officials.
4. Using signs, words and expressions that are against the general order and customs of the society.
Up To Sum
Having a trademark is necessary for any business to appear in the community. If these signs are registered, they can be protected by the law and the possibility of their abuse can be minimized. For this purpose, it is necessary to be familiar with the process of registration and recognition of prohibited items in the field of trademarks.
