Trademark registration in Iraq. Iraq, officially the Republic of Iraq, is a country in Western Asia. Iraq’s economy is dominated by the oil sector, which has traditionally provided about 95% of foreign exchange earnings. With its 143.1 billion barrels (2.275×1010 m3) of proved oil reserves, Iraq ranks third in the world behind Venezuela and Saudi Arabia in the number of oil reserves. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in Iraq.
Signs registrable as a trademark in Iraq
Signs registrable as a trademark in Iraq include distinctive and graphically representable signs, three-dimensional forms, colors, sound marks, and any combination of the above signs.
These signs can be applied to register for trademarks, service marks, collective marks, and certification marks.
It should be noted that Israelis and Israeli companies (even if they only have or had an office in Israel) cannot register trademarks in this country.
The procedure of trademark registration in Iraq
The applicant needs to file the trademark application to the Patent and Trademark Office of Iraq. In Iraq, the trademark registration procedure is quite unique.
Basically, Iraq has two trademark jurisdictions include Baghdad and Erbil which operate independently of each other. The separation of the trademark system aims to secure trademark protection for the entire country of Iraq.
Due to the two jurisdictions are independent, the filing and registration of a trademark in one jurisdiction don’t mean that the trademark in the other jurisdiction is automatically protected.
Erbil is the de-facto capital of the self-autonomous region of Northern Iraq-Kurdistan.
After receiving the application, the officer at the Registrar will examine the registrability of the mark to ensure that no prior identical or similar trademark has been registered in the system.
If no errors are detected, the trademark is accepted by the Registrar and published in three consecutive issues of the Official Gazette.
After the publication of the trademark in the Gazette, the trademark will enter a 3 months opposition period in which any related parties who feel like their rights are violated can file a written opposition against the registration of the trademark.
If no oppositions are raised, the trademark is registered and the applicant will receive the trademark registration certificate.
Trademark validity period in Iraq
After registering a trademark in Iraq, the trademark will have a validity period of 10 years from the filing date.
After 10 years, the trademark owners can file for renewal of the trademark for another 10 year protection period.
It should be noted that if the trademark owner missed the deadline for the renewal of their trademark, they will not be able to renew their trademark since the trademark law in Iraq does not provide for a grace period during which a late renewal application can be filed.
However, upon request before the deadline, the Trademark Office may grant a grace period of six months so that a trademark renewal may be effective.
Note:
Trademarks filed or registered in Iraq before April 26th, 2004, will remain valid according to the old law for 15 years, but are renewable for further terms of 10 years.
Use requirement of a trademark in Iraq
The applicant doesn’t need to use their trademark in Iraq before filing for trademark registration in Iraq.
After successful registration of a trademark in Iraq, the trademark owners must use the trademark in Iraq for at least consecutive three years if they don’t want the trademark to be vulnerable to cancellation action filed by third parties.
You can see a list of Iraq IP firms here.