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trademark law
The current trademark law in Iraq is mainly the "Trademark and Commercial Marks Law" revised on June 7, 2010.
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official language
Arabic
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Application Category
At present, Iraqi trademarks are classified according to the Nice Classification 7th edition, but combined with the country's classification of goods and services, the Nice Classification is divided into subcategories, each of which covers the protection of specific goods or services. Therefore, the registration fee for Iraqi trademarks is calculated based on the number of subcategories.
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Trademark category
Iran protects commodity trademarks, service trademarks, and collective trademarks, and color trademarks can also apply for registration. The product classification adopted by Iran is the same as the International Classification of Goods, with a total of 36 categories. Iran's trademark system is a multi category system, accepting applications for one label and multiple categories. Alcoholic products in categories 33 and 32 cannot be registered.
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Application principles
Trademark applications follow the principle of prior application, but in some cases, trademark rights can also be claimed based on prior use.
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Duration
The trademark registration application is valid for 10 years from the date of application, and the renewal period after expiration is 10 years. Renewal applications can be submitted within one year before the expiration of the validity period, with a grace period of six months.
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other
1. Non use revocation: If the Iraqi trademark has not been used for three consecutive years after application, anyone can file a revocation of the trademark. If the rights holder cannot provide evidence of use, the trademark will be invalidated due to revocation.
2. In Iraq, trademark search is mandatory, and without conducting the search through official services, subsequent applications cannot begin. The search results can also be considered as a way of pre examination. If the search results pass, they are usually not rejected later on.
3. When transferring or changing Iraqi trademarks, a registration certificate must be issued before applying. When handling the transfer, it is also necessary to notarize and authenticate the transfer agreement and power of attorney.
4. Israeli companies are not allowed to register trademarks in Iraq. Additionally, if the applicant does not have a place of residence in Iraq, they must appoint a specialized agent in their home country to act on their behalf.
At present, Iraq has not joined the Madrid trademark system, and there is only one way to register a trademark in Iraq: through a single country application.
In both jurisdictions, each type of goods/services must undergo a prior trademark search at the Trademark Office to obtain a formal search report. At this stage, the applicant submits an inquiry application, which is officially accepted in about one week. Normally, the search is completed within 6-8 months, but currently due to the international situation of the US lockdown and the impact of the epidemic, the search time may be greatly extended.
If the trademark search results are qualified, the Iraqi Trademark Office will notify the applicant to submit the application within the specified date. If the search results are not qualified, the trademark application cannot be submitted.
After submitting a trademark application, the Iraqi Trademark Office will conduct an examination of the application. If the examination fails, the Iraqi Trademark Office will issue a rejection notice and require the applicant to respond within a specified time.
If the examination is approved, the trademark will be published in the official gazette three times. The opposition period is 90 days from the date of the third publication, and any third party may raise objections to the trademark during this stage.
If there is no objection or objection is not established during the announcement period, the trademark will be approved for registration.
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Information required for application in Baghdad1. Applicant's name and address
2. Trademark name, design, category, and specific product item name
3. Authorization letter authenticated by the embassy (the original authorization letter can be delayed for submission within 6 months from the application date)
4. This requirement is not mandatory for other domestic registration certificates or application situations, but it can help speed up the application process
5. Scanned copy of passport of the authorized signatory -
A sample of the required documents for applying for a clear trademark image in the Kurdistan Region1. Applicant's name and address
2. Trademark name, design, category, and specific product item name
3. Authorization letter authenticated by the embassy (the original authorization letter can be delayed for submission within 6 months from the application date)
4. Registration certificates from other countries. If there is no such certificate, it is necessary to prove that the applicant has a production factory in the country, or that the factory producing/manufacturing the goods has issued a declaration favorable to the applicant, proving that they have no objection to registering the trademark in Kurdistan in their name.
5. Scanned copy of passport of the authorized signatory
