The Procedure for Trademark Cancellation Claims in Iran

He trademark is one of the forms of industrial property, one of the major parts of the current business world and it mainly plays an important role in the competition market and economy. n fact, the main special function of a trademark is to distinguish between the goods and services of competitors and its function is expanding, especially in industrialized societies. Trademark registration provides the holder with economic and moral rights under the protection of the legislator and its violation may be prosecuted. Although the legislator has recognized some legal rights for the trademark holder, it may be subject to cancellation according to some conditions of the trademark. The findings of the present research, which was carried out using a descriptive-analytical method, indicate that in the legal system of Iran, the only competent authority to deal with such disputes according to Article 59 of the Law on Patents, Industrial Designs and Trademarks 1386, is a specific branch(es) of the courts. It is the public of Tehran that this has led to monopoly, delay of proceedings, multiple cases in the court, non-specialized proceedings, etc. In addition, cancellation claims must be subject to some legal aspects that are discussed in this paper.