Trade and Service Marks

– Trademarks and Descriptions Law No. 21 of 1957 (Wakayi al Irakiya No. 4003 of June 16, 1957), last amended by Law No. 9 of 2010, in force since February 15, 2010.
– Safeguarding the Arabic language Law No. 64 of 1977, issued on April 28, 1977.
– Amendment, published in the Official Journal on September 6, 1999, under Law No. 28 of 1999.
– Further amended Regulations, effective March 3, 2016.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since January 21, 1976.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since January 24, 1976.
– Singapore Treaty on the Law of Trademarks, since November 29, 2014.

Filing

Applicant: anyone wanting to use a mark for distinguishing goods of his own production, manufacture, working or selection, or goods in which he trades or offers for sale, or intends to trade in or offer for sale, may apply for the registration thereof. Persons residing in Iraq may file an application directly or through an agent.

Applicant not living in Iraq: applications from persons residing abroad may only be filed through an agent vested with an official power of attorney. 

Search application: before filing the trademark application a mandatory search has to be requested separately for each class, with any number of subclasses. The official search is expected to be conducted within ten to twelve months of submission. Depending upon the report, the requested trademark can proceed to registration. A negative report or partly negative report from the Registrar can be appealed before the First Instance Court.

Israel boycott clause: as of July 2007 no longer a requirement.

Marks not registrable: (1) marks without any distinctive character or which are used in trade to describe the kind, nature, quantity or place of production of the goods, or marks which indicate any of these items in the Iraqi language; (2) marks, expressions or designs which are injurious to public morals or contrary to public order; (3) marks which are identical with, or similar to the flags, coats of arms, decorations and medals of Iraq or any foreign state, or of the United Nations or any agency thereof; (4) marks which are identical with, or similar to emblems of exclusively religious significance; (5) marks which are identical with, or similar to the insignia of the Red Cross, Red Crescent, Geneva Cross or the Red Star; (6) the name, title, portrait or coat of arms of a person unless with his written consent; (7) figures, letters and words which are likely to deceive the public or which may lead the public to erroneously believe in the genuineness of the descriptions of natural purity of the goods; (8) marks which are likely to lead the public to erroneously believe in the genuineness of the declarations as to the origin and qualities of the goods as well as marks containing a fictitious, initiated or counterfeit trade name; (9) declarations of titles of honor to which the applicant for registration cannot legally prove his right, or marks containing statements likely to lead the public to believe that the proprietor thereof enjoys sublime patronage, unless the proprietor has supporting written evidence to that effect; (10) marks similar to a mark belonging to another person for the same article, if they are likely to deceive or confuse the public; (11) marks containing geographical names which are likely to cause confusion as to the source or origin of the goods.

Service marks: registrable.

Three-dimensional marks: registrable.

Classification: goods and services are classified according to the 7th Edition of the International Classification of 42 classes, but each of these classes may cover several articles of the same type or series.

Territory covered: Iraq is divided into two trademark jurisdictions: Bagdad and Erbil, in the self-autonomous region of Northern Iraq – Kurdistan, where filings should be undertaken separately in order to secure trademark protection for the whole country.

Filing requirements for an application (to be sent to resident agent):
1. Name, address, nationality and occupation of the applicant;
2. Power of attorney (legalized up to the Iraqi Consulate);
3. The classes and subclasses of the goods to be covered by the application;
4. 10 prints of the trademark (Note: an Arabic transliteration must be included with any foreign trademark logo and should be placed above the foreign trademark);
5. A certified copy of the priority document (if priority is claimed), duly legalized up to the Iraqi Consulate.

For assignments:
1. Power of attorney, signed by the assignee (legalized up to the Iraqi Consulate);
2. Deed of assignment, signed and legalized up to the Iraqi Consulate.

For a change of name:
1. Certificate of change of name (legalized up to the Iraqi Consulate);
2. Power of attorney in the new name (legalized up to the Iraqi Consulate).

For a change of address:
1. Power of attorney in the new address (legalized up to the Iraqi Consulate).

Notes: from January 2, 2023, trademark applications filed in Latin script must include the Arabic transliteration of the mark. The legalized power of attorney must be submitted to the Trademark Registry within six months from the application filing date. For recordal of assignment, change of name and address, merger and license, all requisite documents are to be submitted as originals at the time of filing.

Protection in the self-autonomous region of Northern Iraq – Kurdistan: additional local protection is available in the Kurdistan territory. Trademark registration is processed at the Trademark Department at the Ministry of Trade and Industry in Erbil. Kurdistan uses the International Classification. One trademark filing may cover more than one class. An opposition period of ninety days from the date of publication is provided. The protection rights acquired by new applications will only cover the Kurdistan region and will not be recognized by the Iraqi IP Office. The validation of existing trademark rights in Iraq can be requested by submitting an official letter with the complete trademark details to the Registrar of Trademarks in Kurdistan.

Examination

Examination: where the registration of a mark is not completed within six months from the date of the application by reason of default on the part of the applicant, the Registrar may request the applicant, in writing, to complete the registration within a period of seven days from the date of the notification, otherwise his application will be cancelled. Upon receipt of an application for registration, the Registrar has a search made amongst the registered marks and pending applications in order to ascertain that there are no marks on record or amongst the pending applications for the same goods or description of goods identical with the mark applied for or so similar as to be likely to deceive.

Publication: in the event of acceptance of the mark, in principle, the Registrar publishes in three consecutive issues of the Bulletin of Trademarks and Geographical Indications, an advertisement to that effect. According to a recent Order of the Registrar, the publication of trademark applications will be approved according to the priority of filing (date of filing of the application in the Office) without exception.

Opposition: any interested person may, within ninety days from the date of the last advertisement, file a written opposition against the registration of the mark.

Appeal: any decision made by the Registrar is subject to appeal before the appropriate Court of First Instance.

Letters of consent: cannot can be accepted.

Exhibition: any exhibitor wishing to protect his trademark used upon or in connection with any goods exhibited in any exhibition in Iraq, must, at least thirty days before the opening date of the exhibition, submit an application to the Registrar to which he must append: (1) six representations of the mark to be protected; (2) a certificate from the exhibition authorities testifying that the mark is affixed to goods to be exhibited at the exhibition; and (3) a certificate affirming the registration of the mark in the country in which the goods were produced.

Alterations: the proprietor of a registered mark may, at any time, apply to the Registrar for permission to alter or add to such a mark in a manner not substantially affecting its identity. If the Registrar approves the registration of such an alteration in principle, in accordance with the provisions prescribed for decisions on original applications for the registration of marks, the interested parties is notified of his decision, which is subject to opposition, as mentioned above.

Protection

Property: a mark is considered the property of the person who registered it. The ownership of a mark may not be contested if the registrant has used it for five consecutive years from the date of completion of registration.

Duration of protection – renewal: ten years from the filing date, renewable by the proprietor for further periods of ten years upon application made during the last year of the term of protection of the registration. Note: trademarks registered before or during the year 2004, which are valid for fifteen years, will be renewed for further ten years.  Late renewal: six months subject to the payment of additional fees.

Infringement and penalties: whoever puts on his marks or commercial papers any reference likely to lead the public to believe that the marks are registered whereas, in fact, they are not, shall upon conviction, be punished by imprisonment for a term not exceeding one year or by a fine not exceeding 100 dinars or by both penalties. The court competent to hear any civil or criminal action may order the confiscation and sale of the seized articles and the recovery from the sale price of the damages awarded or fines imposed or order the disposal of the seized articles in the manner it deems appropriate.

Modification of Protection after Registration

Exclusivity: subject to any limitations or conditions in the Register, the registration of a person as proprietor of a mark entitles such a person to the exclusive use of such a mark on or in connection with the goods for which it is registered, if such registration is in conformity with the provisions of the law.

Where two or more persons are registered as proprietors of the same or substantially the same trademark or marks for the same goods, no rights of exclusive use (except in so far as their respective rights have been defined by the Registrar or by the court) may be acquired by anyone such person against any other by the registration of the mark or marks, but each of such persons enjoys the same rights as if he were the sole registered proprietor of the mark or marks.

Cancellation: any interested person may apply to the Court of First Instance for the cancellation of the registration of any mark, on the grounds that its registration was obtained in violation of the law, or that there was bad intent behind its use or for non-use during three years following the date of its registration, unless such non-use can be proved to be due to uncontrollable circumstances or if there is any other justifiable excuse for such non-use. No cancelled mark may be registered in a name other than that of its proprietor until at least one year from the date of its cancellation. The Registrar as well as any interested person may apply to the court for the cancellation of a mark registered in violation of the law. If before or after acceptance, but before publication of the application, the applicant dies or becomes of unsound mind, the Registrar may either cancel the application or request the successor to choose between the cancellation of the application or its continuance after changing the name and address thereof. In the case of death of the applicant after publication, the Registrar may, if he is satisfied as to the right of succession of the successor, register the mark in the name of the successor.

Licenses: must be registered.