# Trademark Registration Stages in Iraq under Law No. 21 of 1957 as Amended

Author: Othman Al-Juboori

By Othman Al-Juboori, Iraqi lawyer, member of the Iraqi Bar Association, expert in Iraqi labour law, founder (2018) and Managing Director of Al-Taswia Legal Services Company.
Short answer: A trademark application is filed with the Registrar of Trademarks (Art. 6), and the register is kept at the Ministry of Industry and Minerals (Art. 2(1)). If the mark is accepted in principle, the Registrar publishes it in three consecutive issues of the bulletin of the Directorate General of Trade, and any interested party may file a written opposition within ninety days from the date of the last publication (Art. 11). Once registration is completed, the owner receives a certificate, and registration takes effect from the filing date (Arts. 14 and 15).
Trademark registration in Iraq is governed by the Trademarks and Trade Descriptions Law No. 21 of 1957 as amended. This article sets out the registration stages as regulated by the articles of the Law, with the article number for each rule.
Stage 1: Check that the sign can be registered
What counts as a mark? A "mark" includes trademarks, service marks, collective marks and certification marks (Art. 1). A trademark is any sign or combination of signs capable of distinguishing the goods of one undertaking from those of other undertakings, such as words (including personal names), letters, numerals, figurative elements and colours, and any combination of them. A sign need not be visually perceptible to qualify for protection (Art. 1).
Distinctiveness: Where a sign is not inherently capable of distinguishing goods or services, registrability depends on distinctiveness acquired through use (Art. 5(1)).
Grounds for refusal: Article 5 lists the marks that cannot be registered, including:
marks devoid of distinctive character, or used in trade to indicate the kind, nature, quantity or place of production of the goods (Art. 5(1));
marks contrary to public order or morality (Art. 5(2));
the name, title, picture or emblem of a person, except with his written consent (Art. 5(5));
marks likely to deceive or confuse the public (Art. 5(7));
marks identical or similar to a well-known mark, or to a previously registered trademark where registration would cause confusion among the consuming public (Art. 5(8)).
The public has the right to inspect the register and obtain a certified copy from it after paying the prescribed fees (Art. 2(1)), so the register can be checked before filing.
Stage 2: File the application
Who may apply? Every natural person or legal entity, whether Iraqi or foreign, may apply to register a trademark (Art. 4).
Where is it filed? The application is filed with the Registrar in the form and on the conditions set out in the regulation issued under the Law (Art. 6).
Classes and the Nice Classification: A mark may be registered for one or more items, or for one or more classes, and the application may refer to goods or services by their collective names according to the Nice Classification (Art. 7(1)). Goods or services are not to be treated as similar merely because they appear in the same class of the Nice Classification, nor as dissimilar merely because they appear in a different class of it (Art. 7(2)). In a single application the applicant may seek registration of the same mark in several classes, but must specify the goods or services in each class, and a single registration certificate is issued for each mark (Art. 7(3)).
Right of priority: Article 6 bis covers an application for registration of a trademark filed: (a) by a person whose country of origin is a member of the Paris Union or of the World Trade Organization, or of an agreement or treaty relating to trademarks, titles or trade names or the suppression of unfair competition, or of other agreements to which Iraq is a party, or whose country treats Iraq on a reciprocal basis; (b) in any of those states. The applicant or the applicant's legal successor may then, within six months from the filing date, submit to the Registrar the same application for the same mark covering the same products, in accordance with the conditions set out in the Law and its regulations. The priority date is then the date of filing of the first application in the foreign country (Art. 6 bis).
Disclaimer of part of the mark: The Registrar may require the applicant to disclaim the part of the mark that cannot be registered, and the applicant may voluntarily disclaim part of it. A disclaimer does not affect the present or future rights of the applicant or the registered owner arising from the disclaimed part, nor the right to register that part in another application if it has become, or will become, distinctive of the applicant's goods (Art. 8 bis).
Stage 3: Simultaneous applications for one mark
If two or more persons apply at the same time, and before publication, to register the same mark, or similar or closely resembling marks, for goods or items of a single class of products, the Registrar may suspend those applications until one of the parties files a certified waiver or a final decision is issued in favour of one of them (Art. 8).
Stage 4: Acceptance in principle and publication
If the Registrar accepts the mark in principle, the Registrar must publish it in three consecutive issues of the bulletin of the Directorate General of Trade (Art. 11(1)).
Decisions of the Registrar may be challenged before the Court within thirty days from the date of notification, except for those covered by Art. 24(3) (Art. 10). Decisions of the Registrar issued under Art. 5(2) (marks contrary to public order or morality) and Art. 21 may be appealed first to the Minister within thirty days from the date of notification, and interested parties may then object to the Minister's decision before the Court within thirty days from the date of notification of that decision (Art. 24(3)).
Stage 5: Opposition
Any interested party may give the Registrar written notice of opposition to the registration within ninety days from the date of the last publication (Art. 11(2)).
The Registrar serves a copy of the opposition on the applicant, who must file a written reply within thirty days; if no reply is received within that period, the applicant is deemed to have withdrawn the application (Art. 11(3)).
Before deciding the opposition, the Registrar hears both parties, or either of them on request (Art. 12(1)).
Stage 6: Completion of registration and the certificate
As soon as registration is completed, the owner of the mark receives a certificate containing the particulars published in the bulletin (Art. 15(1)).
Registration of a trademark is presumptive evidence of its validity and of the right to its ownership in all legal proceedings (Art. 15(2)).
Registration has retroactive effect from the filing date (Art. 14).
If the mark is not registered within six months from the application owing to the applicant's default, the Registrar may notify the applicant in writing to complete registration within the period set by the regulation, failing which the applicant is deemed to have withdrawn the application (Art. 16).
After registration: protection, renewal, amendment and cancellation
Exclusive right: The owner of a registered trademark may prevent any person without the owner's consent from using, in the same course of trade, identical or similar signs for goods or services identical or similar to those for which the mark is registered, where such use is likely to cause confusion. Confusion is presumed where an identical mark is used for identical goods and services (Art. 4 bis(1)(1)).
Term and renewal: A mark is protected for ten years, renewable for the same period on a request filed during the last year. The owner may still request renewal within six months after expiry, on payment of the prescribed fees and the additional fees specified in the regulations; otherwise the Registrar may remove the mark from the register (Art. 20).
Amending the mark: The owner may at any time apply to add to or modify the mark, provided the changes do not substantially affect its identity; the Registrar's decision is notified and open to opposition (Art. 13).
Cancellation: Any interested party may ask the Court to cancel a registration within five years from the date of registration, specifying the facts relied on. Cancellation may be requested at any time on certain grounds, including non-use of the mark for three continuous years, unless the non-use arose from a cause beyond control or a lawful excuse (Art. 21).
Summary of the stages
Stage | What happens | Article
Registrability | Definition of a mark, distinctiveness, grounds for refusal | 1, 5
Application | Who applies, where, classes and Nice Classification | 4, 6, 7
Priority | Filing within six months of the first foreign application | 6 bis
Disclaimer | The non-registrable part of the mark | 8 bis
Simultaneous applications | Suspension until waiver or final decision | 8
Acceptance in principle and publication | Three consecutive issues of the bulletin | 11(1)
Challenging Registrar decisions | Court within 30 days, or the Minister and then the Court | 10, 24(3)
Opposition | 90 days from the last publication, reply within 30 days, hearing of the parties | 11(2)–(3), 12(1)
Completion | Certificate, presumptive evidence, retroactive effect, deadline to complete after the applicant's default | 14, 15, 16
After registration | Exclusive right, ten-year term, amendment, cancellation | 4 bis(1), 13, 20, 21
Frequently asked questions
Where is a trademark application filed in Iraq?
With the Registrar of Trademarks (Art. 6). The register is kept at the Ministry of Industry and Minerals in the Registrar's custody (Art. 2(1)).
Can a foreign company register a trademark in Iraq?
Yes. Every natural person or legal entity, whether Iraqi or foreign, may apply to register a trademark (Art. 4).
How long is the opposition period after publication?
Ninety days from the date of the last publication. The applicant must reply in writing within thirty days, or is deemed to have withdrawn the application (Art. 11(2)–(3)).
From what date does registration take effect?
From the filing date, because registration has retroactive effect (Art. 14).
Can one application cover several classes?
Yes, provided the goods or services in each class are specified; a single registration certificate is issued for each mark (Art. 7(3)).
Source
Trademarks and Trade Descriptions Law No. 21 of 1957, as amended; text consolidated up to Law No. 9 of 2010, published on WIPO Lex, incorporating the amendments made by Law No. 214 of 1968, Coalition Provisional Authority Order No. 80 of 2004 and Law No. 9 of 2010. This article is general legal information; the Arabic text published in Al-Waqai Al-Iraqiya (Iraqi Official Gazette) is authoritative.
See also: Trademark registration in Iraq · Trademarks and Trade Descriptions Law No. 21 of 1957, Arabic text with English translation · Hassan Al-Lami

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