Regarding the developments of our time, the individuals’ tendency as well as legal requirements are increasing to choose a brand to differentiate a specific business character from the others and to choose a trademark to distinguish goods and services. Brands and trademarks are the central elements of marketing and the strategy for the supply of goods or services. In essence, business competition is the competition of brands and trademarks rather than merchants. The increase in the trade transactions has a direct relation with the increase of the insidious business competitions which have developed in recent decades with the use of new technologies in different ways. Currently, the most common fraud in the field of trade and the most insidious competition is the simulation of the trademarks which is considered as the most common claims in the court of justice. Hence, according to the value and commercial and economic importance of these marks and the development of science and new technologies, opportunists always seek opportunities for abuse, forgery, fraud and unauthorized exploitation of the rights of these marks. Therefore, it is necessary to clarify and strengthen the enforcement mechanisms and forecast and create an efficient and effective laws and regulations as well as preventive and supportive measures in this field.

Ardabili, Mohammad Ali (1384), General criminal law, the first volume, eighth edition, Mizan publication, Tehran.

Haqiqat, Negin (1388), Rights of trademarks, Azad University Tehran Markaz Branch, thesis Implementing Regulations of the Law on Patent, Industrial Designs and Trade Marks enacted.

Karimi, Mohammad Hossein (1389). trademarks in Iranian law, First Edition, Tehran, Majd Publications.

Katozian, Naser (1376), Introduction to law, 22nd Edition, Tehran, Sahami publication.

Khodabakhshi, Abdullah (1389), foundations and impacts of fundamental distinction between civil law and criminal law, first edition, Sahand Danesh publication, Tehran.

Mir-Hosseini, Sayed Hassan (1387), Introduction to Intellectual Property Rights, Second Edition, Tehran, Mizan Publication.

Mir-Hosseini, Sayed Hassan (1390), rights of trademarks, first edition, Tehran, Mizan publication.

Sadeghian, Amrollah (1391), sanctions on trademarks violation in Iranian law and international system of intellectual property rights, Allameh Tabatabaei University.