ADMINISTRATIVE JUSTICE TRIBUNAL Judgment No. 453, dated February 15, ‏2004

According to Article 2 of Iranian Trademarks & Patents Registration Law, passed in the year 1931,  “the exclusive right of trademark’s use is recognized only for the owner of its registration.

In the Article 14 of said Law the validity period of a trademark’s registration is 10 years which  is extendible for additional  10 years.  The Law contains provisions for opposition against a registered trademark, the competent authority for its examination and the cancellation of a  trademark’s registration.

 Taking into consideration that the enactment of mandatory rules relating to public’s rights, as well as filing the opposition claim and the examining authority thereto are within the exclusive jurisdiction of Legislative Power, the Article 13 of Executive Regulations of above mentioned Law which states that “if a registered trademark has not been used by its owner or legal representative in Iran or abroad without a justifiable excuse within 3 years as of its registration date, any interested party may file action in the court for its cancellation” is found against law and beyond the authority of Executive Power in establishment of Governmental rules. Consequently, by virtue of 2nd part of Article 25, the Administrative Justice Tribunal Law, the Article 13 is hereby annulled.

Iran Joins the Nice Agreement for International Classification of Goods

When in 1931 the Law for Registration of Trademarks & Patents was passed in Iran, which is still in force, its Executive Regulations contained 80 classes of goods in commercial, industrial, agricultural and consumer areas.

 As we have mentioned before, the Executive Regulations were revised in the year 1958, whereby the number of classes was reduced to 36 classes to conform with the international classification, 34 classes for goods, class 35 for service marks and class 36 for such goods that were not mentioned in the preceding classes.

 In the year 2003 Iran adopted the international classification of 45 classes according to Nice Agreement, of which the last 10 classes are for service marks.  It must be repeated that still the registration of alcoholic beverages in class 33 and the beer in class 32 is strictly prohibited for being against the Islamic Rules.