The current trademark regulations in Iraq are mainly based on the revised Trademark and Commercial Marks Law of June 7, 2010.
The Iraqi Trademark Office is responsible for managing trademark affairs and the official language is Arabic. Trademark exclusive rights need to be obtained through this book. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law.
The trademark registration in Iraq follows the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
Iraq is a signatory to international intellectual property treaties such as the WIPO Convention and the Paris Convention, and has not yet joined the Madrid System. Therefore, trademark registration can only be processed through "single country registration".
At present, the Iraqi Trademark Office adopts the Nice 7th edition of the goods and services description, and also adopts the country's group classification, accepting applications for multiple categories in one table. The elements that can be registered as trademarks in Iraq include: text, name, graphics, three-dimensional identification, color combinations, etc.
If the applicant does not reside in Iraq, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific commodity 1 service items;
3. Name and address of the applicant;
4. Power of attorney for notarization and authentication;
5.If priority is declared, priority proof documents and corresponding Arabic translations must be provided;
6. Scan the passport of the authorized signatory.
The main process for applying for registration of an Iraqi trademark is: search (mandatory procedure), application, and examination. Announcement one approval one issuance. After submitting the inquiry application, it will be processed within about one week and usually takes 6-8 months to complete the inquiry. However, due to changes in the international situation and the situation in the country, the query time may take up to 2-3 years. If the query fails, a notice of unqualified query will be issued. The search results comply with the registration standards, and the Iraqi Trademark Office will require the application to be submitted within the specified date, and conduct formal and substantive examinations again. But mandatory queries are a way of pre examination in Iraq, and the query results comply with registration standards, so there is usually no rejection in the later stage. If the query does not meet the standards, the trademark application cannot be submitted. If rejected, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice; Once the review is approved, three announcements will be arranged, and a three-month objection period will be set from the date of the third announcement. Any interested party or prior rights holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. Trademarks are descriptive;
3. The trademark lacks distinctiveness;
4. The trademark has adverse effects;
5. Well known trademark;
6. Malicious registration;
7. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc;
8. Common name;
9. Geographical indications;
10. Unauthorized use of logos;
11. Violating public order and good customs.
If there are no objections or objections are not valid during the announcement period, the trademark will be approved for registration. If everything goes smoothly, trademark registration in Iraq will take about 4 years. If there are any objections or rejections encountered during the process, the time will be extended.
The validity period of trademarks registered before April 26, 2004 is 14 years from the date of application, but the validity period after renewal is still 10 years. Trademarks registered after April 26, 2004 are valid for 10 years from the date of application, and can be renewed within 1 year before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Violating relevant laws and regulations;
2.If a trademark is not actually used in that country for three consecutive years after registration, anyone may apply for revocation; Except for force majeure.