Feb 29, 2012 | Post by: alen Comments Off on The procedure for registration of a trademark

The procedure for registration of a trademark

The clerk receiving the application shall first check it to ascertain that it has been properly drawn up, enter it in the Application Register and then return to the applicant the duplicate thereof duly signed and sealed with the seal of the Companies, Trade Mark and Patent Registration Office as a receipt, the said duplicate to contain exactly the same indications as the original.

Every application shall within a period of fifteen days following the date of filing be examined as regards the following points:

  • As regards the form, to ascertain that the applications and its schedules are in conformity with the requirements of the law and these Regulations. In the event of any faults or irregularities being found in the application, the applicant shall be notified accordingly by letter and the letter shall rectify the application in due course (up to two months for applicants residing in Iran and up to six months for those residing in a foreign country). Should the said length of time be insufficient, the applicant may apply for an extension thereof for once only.
  • To check the class or classes claimed by applicant against the pertinent class headings of the Classification. Should the goods involved not correspond to the class or classes claimed in the application, the applicant shall be called upon to amend his application accordingly.
  • As regards the conformity of the trade mark to the requirements of the Law and Regulations.
  • Then The Trade Mark Registration Office shall publish a notice in the Official Gazette about any trade mark accepted for registration, to show the name and address of the proprietor of the mark, and to contain a reproduction of the mark with all its distinctive elements and the specifications of the goods covered thereby.
  • Should not opposition be made within thirty days following the date of publication of the notice, the Registration Office shall grant registration to the trade mark applied for.
  • Trade Marks shall be recorded in a special register with the indication of the following particulars:
  1. Date and serial number of application
  2. Date and serial number of the trade mark and the distinctive elements claimed for it, as per Article 1 of these Regulations.
  3. Affixing of a print of the mark in the space assigned therefore in the register
  4. Amount of registration tax and dues charged per class or goods
  5. Signature of applicant or his attorney to be set in a manner to cover part of the print and part of the register
  6. Signature of Registrar or his deputy.
  • After registration, a certificate shall be issued to the proprietor or his attorney, with a print of the mark affixed thereto and the above mentioned particulars.
  • Within a period of thirty days following the grant of registration of each mark there shall be published an official notice containing all the particulars set forth above.

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