Iraq Trademarks

Filing Requirements:

1. Power of attorney, legalized. A general power may be used for subsequent filings.

2. 10 prints of the mark for each application (Arabic transliteration is required).

3. Copy of priority document, if priority is claimed, certified.

* All the above documents may be submitted within 6 months from filing date.

Classification:

The International Classification of Goods and Services (7th Edition) is followed with local sub-classification. A single application may include several classes and sub-classes.

Opposition:

Trademark applications accepted by the Registrar are published in the Trademarks Bulletin. Oppositions may be filed within 90 days from publication date.

Extension Of Time:

Extension of time for oppositions/counter oppositions or for responding to office actions is not possible.

Protection Term:

Trademark registrations are valid for 10 years from filing date and are renewable for like periods. There is a grace period of 6 months for late renewals with payment of a surcharge.

Documents Required For Renewal:

  • Power of attorney, legalized.

Use Requirements:

Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 2 years from registration date.

Search:

An official search may be conducted for word marks and devices. It takes approximately 2 to 3 months for the results to be available. A single application may include several classes. The search report discloses similar and identical trademarks.

Assignment:

* Trademark applications (pending examination) and registrations may be assigned with the goodwill of the business concern unless otherwise agreed upon.

* Documents required:

  • Power of attorney from the assignee, legalized.
  • Deed of Assignment, legalized.

Change Of Name/Address:

* A change of name/address may be recorded for trademark registrations. A change of name/address may also be recorded for trademark applications pending examination.

* Documents required:

  • Power of attorney, legalized.
  • Extract from the commercial register or any other document evidencing this change, legalized.
  • Change of address, only a legalized power of attorney is required.

Licensing:

* License recordal is compulsory in order to be effective against third parties.

* Documents required:

  • Power of attorney, legalized.
  • License agreement, legalized.

Merger:

* A merger may be recorded for trademark registrations. A merger may also be recorded for trademark applications pending examination.

* Documents required:

  • Power of attorney, legalized.
  • Certificate of merger, legalized.

Marking:

Marking is not compulsory.

Cancellation:

A trademark may be subject to cancellation by any interested party if it is proved that the mark is not entitled to registration within the provisions of the law.

Registration Time Frame:

The time frame for completing the registration process is 2 to 3 years.

Three Dimensional Trademark Applications:

Unacceptable.

Transliteration:

The Arabic transliteration of a trademark must appear above the original script of the mark.