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TRADEMARK

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Local classification

The classification for goods and services is a local classification but it is similar to the international "NICE" classification, our local classification divided the international classes into subclasses each subclass covers certain services or goods.

Requirements

The Requirements for registration in Iraq:
  1. A Power of Attorney duly legalized up to the Iraqi Consulate or KRG representation. And the stamp must appear on the back of the power sheet itself, otherwise the registrar will reject the Power of Attorney.
  2. The name, address, nationality of the applicant.
  3. The classes and subclasses of the goods to be covered by the application.
  4. The Arabic transliteration of the trademark should be shown above the Latin script.

The Requirements for registration in Kurdistan:

A Power of Attorney duly legalized up to the Iraqi Consulate or KRG representation. And the stamp must appear on the back of the power sheet itself, otherwise the registrar will reject the Power of Attorney. And a Registration Certificate of the trademark at home or worldwide should be legalized up to the Iraqi Consulate or KRG representation, it’s possible for late filing of the Registration Certificate at the Trademark Office.

Law

Iraq is a member of the Paris Convention for the Protection of Industrial Property. Registration of trademarks in Iraq is effective under the provisions of Trademarks and Descriptions Law No. 21 of 1957 and its subsequent amendments. Order No. 80 issued by the Coalition Provisional Authority on April 26, 2004, amended the aforementioned trademarks law. The law was renamed the "Trademark and Geographical Indications Law."

Summary

Iraq is a member of the Paris Convention for the Protection of Industrial Property. Iraq uses the priority convention following a Multi-Class application system. The use of trademarks in Iraq is not mandatory. However, the registration of a trademark is vulnerable to cancellation on the basis of a judicial decision obtained for this purpose by any interested party. A cancellation action is basically based on reasons why it has not been really used for a period of three consecutive years. Consequently, the registration of a trademark is canceled unless the owner demonstrates that the non-use of the trademark was for reasonable reasons that the court approves. Extra note, The registration in Iraq does not cover Kurdistan a separate application should be filed in each judicialization.

Process

Once the application is filed, it is queued for examination regarding the registration of the trademark. The applications accepted by the Registrar are published in three consecutive issues of the Official Gazette. There is a 90-day period to file an opposition by any interested party. In the absence of opposition, the registered trademark is registered and the registration certificate is issued. The trademark registration process could take between 20 to 24 months in Iraq and between 6- 8 months in Kurdistan.

Duration

Trademark registration in Iraq is valid for 10 years. They can be renewing every 10 years from the date of the filling. There is a 6-month grace period after the expiration date in order to renew the trademark.

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