Trademark Registration in Iraq: Legal Provisions

Trademark registration in Iraq is governed by the Trademarks and Trade Descriptions Law No. 21 of 1957, as amended. This page sets out its main provisions as stated in the text.

This matters to Iraqi and foreign companies offering their products or services in the Iraqi market, because registration is the basis of the exclusive right in a mark (Art. 4 bis(1)).

Competent authority

The trademark register is kept at the Ministry of Industry and Minerals in the custody of the Registrar. It records all trademarks and trade descriptions and their owners' names, addresses and descriptions of goods, and the public may inspect it and obtain certified copies (Art. 2(1)).

What can be registered

• A "mark" includes trademarks, service marks, collective marks and certification marks (Art. 1).
• A trademark is any sign or combination of signs through which the goods of one undertaking can be distinguished from those of other undertakings, such as words, including personal names, letters, numerals, figurative elements, colours and any combination of them. Signs need not be visually perceptible (Art. 1).
• Where a sign is not inherently distinctive, registrability depends on distinctiveness acquired through use (Art. 5(1)).

Who may apply

Any natural person or legal entity, Iraqi or foreign, may apply to register a trademark (Art. 4).

Classes and the Nice Classification

A mark may be registered in one or more classes in a single application, specifying the goods or services in each class; the application may refer to them according to the Nice Classification. A separate registration certificate is issued for each mark (Art. 7).

Grounds for refusal

Among the marks that may not be registered (Art. 5):

• marks devoid of distinctive character, or used to indicate the kind, nature, quantity or place of production of goods;
• marks contrary to public order or morality;
• marks identical or similar to the decorations, flags or public emblems of Iraq, of Paris Union member states or of intergovernmental organisations;
• marks identical or similar to the Red Cross, Red Crescent or Geneva Cross emblems;
• a person's name, title, portrait or emblem without their written consent;
• marks likely to deceive or confuse the public;
• marks identical or similar to a well-known mark or an earlier registered mark where registration would confuse the consuming public.

Publication and opposition

• On preliminary acceptance, the Registrar publishes the mark in three consecutive issues of the bulletin of the General Directorate of Trade (Art. 11(1)).
• Any interested party may file a written notice of opposition with the Registrar within ninety days of the last publication; the applicant must reply in writing within thirty days, failing which the application is deemed abandoned (Art. 11(2)–(3)).
• Registrar decisions may be challenged before the court within thirty days of notification, except as provided in Art. 24(3) (Art. 10).

Effect of registration

• Registration takes effect retroactively from the filing date (Art. 14).
• The owner receives a certificate on completion of registration, and registration is prima facie evidence of the legality of the mark and the right to its ownership in all legal proceedings (Art. 15).
• The owner of a registered trademark has the exclusive right to prevent any person without their consent from using identical or similar signs for identical or similar goods or services where confusion is likely (Art. 4 bis(1)).
• A well-known trademark is protected even if not registered in Iraq (Art. 4 bis(1)(2)).

Duration and renewal

Protection lasts ten years, renewable for the same period on application filed during the last year. The owner may also request renewal within six months after expiry, failing which the Registrar may remove the mark from the register (Art. 20).

Assignment and licensing

• A mark may be transferred, pledged or seized together with the business, or the part of it connected with the mark (Art. 17).
• The owner may license the mark; a licence does not prevent the owner from using it unless otherwise agreed (Art. 18 bis(1)).

Cancellation and enforcement

• Any interested person may apply to the court to cancel a registration within five years of registration, and at any time on grounds including three consecutive years of non-use, unless the non-use is shown to result from a cause beyond the owner's control or a lawful excuse (Art. 21).
• At any time, even before filing a civil or criminal action, the owner may obtain, on an application supported by evidence of registration, an order from the investigating judge or the competent court for provisional measures, in particular seizure (Art. 37). The court hearing the civil action may award appropriate compensation (Art. 38).

FAQ

Who can register a trademark in Iraq? Any natural or legal person, Iraqi or foreign (Art. 4).

How long does protection last? Ten years, renewable for the same period (Art. 20).

What is the opposition period? Ninety days from the last publication (Art. 11(2)).

When does registration take effect? From the filing date (Art. 14).

Can a mark be registered in several classes in one application? Yes. A single application may request registration of the same mark in several classes, specifying the goods or services in each class; a separate registration certificate is issued for each mark (Art. 7(3)).

Is a well-known mark protected if it is not registered in Iraq? Yes. The owner of a well-known mark enjoys the protection granted by the Law even if the mark is not registered in Iraq (Art. 4 bis(1)(2)).

Can an earlier application filed in another country be relied on? Yes. An applicant from a Paris Union or WTO member, a party to an agreement to which Iraq is a party, or a country granting Iraq reciprocity may file the same application within six months of the first filing, and the priority date is the date of the first filing (Art. 6 bis).

Source: Trademarks and Trade Descriptions Law No. 21 of 1957, as amended by Law No. 214 of 1968, Coalition Provisional Authority Order No. 80 of 2004 and Law No. 9 of 2010. This page provides general legal information.

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.

Trademark registration at Al-Taswia is handled by Hassan Al-Lami, Partner, Lawyer and Trademark Registration Agent.

• Company and Foreign Company Branch Registration Lawyers in Baghdad
• Legal staff