Section (f) of Article 32 of the Patents, Industrial Designs, and Trademarks Registration Law of 2007 provides that, in the case of famous trade marks, identical or similar marks may be refused even where the goods or services are not identical or similar—provided that use of the later mark would take unfair advantage of, or be detrimental to, the distinctive character or repute of the famous mark.

In a recent decision, Iranian authorities recognised the PlayStation logo as a famous mark within the meaning of the statute. The ruling confirms that well-known international brands enjoy enhanced protection in Iran even when the local application covers unrelated goods or services, so long as the statutory criteria for fame and likelihood of unfair advantage or detriment are satisfied.

Legal framework for famous marks

Article 32 sets out absolute and relative grounds for refusal. Clause (f) specifically addresses famous or well-known trademarks. Rights holders do not need a prior registration in Iran to invoke this provision, but must demonstrate that the mark is widely recognised by the relevant public and that registration of the conflicting mark would harm the famous mark’s reputation or distinctiveness.

  • Evidence of international recognition, sales, advertising, and media coverage supports a fame claim.
  • Examination may consider whether the applicant’s mark would free-ride on the famous mark’s goodwill.
  • Famous mark protection can block registration across classes where a connection with the famous brand would be presumed.
  • Opposition and cancellation proceedings remain available where conflicting marks are already on the register.

Practical implications

For brand owners, the decision reinforces the value of documenting fame before filing oppositions or enforcement actions in Iran. For applicants, clearance searches should extend beyond identical classes to assess well-known marks that may block registration under Article 32(f).

Reza Badamchi & Associates advises on trademark clearance, fame evidence, and opposition strategy before the Iran Intellectual Property Center.