Trademark Cancellation Through the Court in Iran
Any beneficiary in Iran can apply for a trademark revocation court. It must then prove that the provisions of paragraphs (a) of Article 30 and Article 32 of this Act have not been complied with.
Revocation of a trademark is effective as of the date of its registration and the advert is issued as soon as possible.
Any beneficiary who proves that the owner of the registered mark personally or by the person authorized by him has not used that mark for at least three full years from the date of registration until one month before the date of the beneficiary’s request may revoke it Request from the court. The registration of the mark will not be canceled if it is proved that the branch has prevented the use of the mark.
In addition to the grounds for revocation referred to in Article (41), whenever it wishes to prove that the proprietor of the trademark has used it alone or in contravention of the conditions set forth in Article (42), or has granted or has granted permission to use it, The court cancels the trademark in any way that uses or permits the use of the trademark to deceive commercial or public centers of origin or any other common property of the goods or services concerned.
Revocation of a trademark registration in Iran shall be effected in accordance with Articles 41 and 43 of the Law on the Competent Court provided for in Article 59 of the Law and by filing a petition.
The revocation petition must have the following annexes:
* The original or transcript of the affidavit of all the affirmative documents;
* Receipt of payment of the claim for cancellation of the petition to the court, as set out in the Schedule of Costs;
* Power of attorney if the petition is filed by the lawyer.
Note – Revocation of part of a mark or revocation of a mark in respect of certain registered goods or services shall also be done in accordance with the provisions of this Chapter.
