In Iraq, the legal basis is the Coalition Provisional Authority Order Number 80 amending the Trademarks and Descriptions Law No. 21 of 1957, on April 26th, 2004. The law was renamed the “Trademark and Geographical Indications Law”. Israelis and Israeli companies (even if they only have or had an office in Israel) cannot register trademarks. However, the Israeli boycott declaration is no more needed. Beer, ale, and port in class 32, alcoholic goods in class 33 and pork meat in class 29 are not registerable. Trademark protection is obtained by registration.
Trademark registration: Requirements
- A legalized power of attorney
- Goods & classes covered (nr)
- Advice if the mark is used or will be used during the coming 3 years (non-use of the mark may be a cause for canceling by interested parties through court action) (nr)
- Legalized certificate Priority documents if claimed. (nr)
- Legalized extract from the commercial register.
Trademark registration: Procedure
The application process includes a formal examination, an examination of distinctiveness, and a search for prior trademarks. It takes approximately 20-24 months from first filing to registration. After registration, the trademark is published in the Patent Office Gazette. The opposition period is 30 days from the publication date of the application.
(Trademark registration takes approximately 18-36 months from first filing to registration)
- Filing: the mark will be filed in the trademark office where a serial number and dated filing document would be given for the ordered mark.
- Formal Examination: an examination of distinctiveness and a search for prior trademarks (Formal Examination could not be done without completing all required documents).
- First Publication: The trademark will be published in the Gazette for 3 months, to ensure that there are no oppositions.
- Second Publication: In case of no oppositions after the first publication period the trademark will be registered and published again in the Gazette.
Trademark registration: Duration
Trademark registration in Iraq is valid for 10 years and starts with the Filing date. The registration is renewable for periods of 10 years.
Duly note, if the trademark has not been used within 2 years from the issue of the registration certificate or has not been used later for a continuous period of 2 years, it may be subject to cancellation.