Authors

• mohammadhosein Karimi
• Abbas Karimi

Ph.D.

Abstract

After registration and issuance the certificate of registration of the trademark, owner has the exclusive right to exploit it. It means that the right to ownership of trademark is known as the nature of registration of marks. Article 31 of the Law of Patents, Industrial Designs and Trademarks Act (1386/08/7) stipulates that: "the right to the exclusive use of a mark is dedicated to someone recorded that mark in accordance with the provisions of the law." Several concepts are derived from this Article. On the one hand, the owner has the right to use the mark on his goods and services personally, or allowing others to use by transferring mark. On the other hand, he has the right to prohibit using that mark by others and in order to guarantee the implementation of this right, Legislator gave the owner of the mark, the right of criminal complaint so as to prevent unauthorized use of the mark and even punishment the violator of rights arising from his trademark and also Litigation claim for damages. Finally the request to extend the period of validity of the trademark is owner's exclusive right and therefore in this study two aspects including exclusive right to use trademark by owner and the right to transfer will be analyzed.

Keywords

• Keywords: Registering Trademark
• Exclusive Right
• Allowing Exploitation
• Transferring Trademark
• Relinquishment form Trademark