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Iraq (IQ)

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Latest News: 01-11-2017 (Newsletter Issue 1/17)
Kurdistan Trademark Office to Resume Normal Function
It is expected that the Kurdistan Trademarks Office is to resume normal function on January 12. 2017 with clear resolution on the implementation of new fees.

Iraq is divided into two trademark jurisdictions; Baghdad and Erbil where filings should be undertaken separately in order to secure trademark protection for the whole country; duly noting that the registries operate independently of each other and filing a trademark application in one jurisdiction does not automatically grant protection in the other. Erbil is the de-facto capital of the self-autonomous region of Northern Iraq- Kurdistan. This region represents immense interest to trademark owners around the world both in terms of covering the whole of Iraq and also for the tremendous potential it offers to brands.

Source: JAH & Co. IP, Qatar


07-25-2016 (Newsletter Issue 14/16)
Official Fees of PoA/Legalized Document Increased
The official fees of local attestation of powers of attorney or any other legalized document to be used for IP matters in Iraq & Kurdistan have increased.

The local legalization of the power of attorney or any other official document must be done by the following authorities in order to be acceptable by the Registrars of Iraq & Kurdistan: General Commission for Taxes at Ministry of Justice, Legalization Directorate at the Ministry of Foreign Affairs and Central Bank

Source: JAH & Co. IP, Qatar


05-18-2016 (Newsletter Issue 9/16)
Formalities for Class 5 Applications Revised
The Trademark Office (TMO) in Baghdad recently introduced requirements on trademarks applications in class 5, even though there was no Ministerial Resolution issued in this regard.

Applicants are now required to provide the information listed below when filing applications covering pharmaceutical and veterinary preparations and sanitary preparations for medical purposes. This will apply on all new as well as pending applications that have not been examined yet.

1. International non-proprietary name
2. Name of manufacturer
3. Name of distributor
4. Product label

After submission of the above information, the TMO is expected to solicit the approval of the Ministry of Health before applications are placed for examination. The application will be rejected on formal grounds if the applicant fails to provide all of the relevant information. It is still unclear whether the information must be admitted at the time of filing or within a specified period of time from filing date.

Source: SABA & Co Intellectual Property, Lebanon


05-02-2016 (Newsletter Issue 8/16)
Abandoned Applications Due to Incomplete Documentation
The Trademark Law (Trademarks & Indications Law No. 21 of 1957 with Amendments), Chapter 2 Article 16 is now applied by the Iraqi Trademarks Registrar strictly.

Article 16 implies that where 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 inform the applicant, in writing, to complete the registration within the period prescribed in the regulation made under this law. Otherwise he shall be considered as having abandoned the application.

As per verbal circular, all the applicants who have pending applications under the series number 60,000 will be informed to submit the requisite documents within 7 days of the issue of the notice. Applications with incomplete will be considered as abandoned.

Applications filed under the above reference number should immediately complete the documentation.

Source: JAH & Co. IP, Qatar


03-16-2016 (Newsletter Issue 5/16)
Practice Change on Search Requirements and More
The Iraqi Trademark Authorities have stipulated new directives which came into effect as of March 3, 2016.

Major changes are:
- Obligatory search before trademark registration has now been adopted with each class of goods or services to be searched separately with official request. The Official Search Fees for each class of goods have been reported to be 20,000 Iraqi Dinar (+/- 19 USD). The authorities confirm that the time frame to conduct the official search will be 10 working days.
- Depending upon the official search report, the trademark can be progressed to registration or a negative report can be challenged at the court of law.
- The Iraqi Trademark Office has discontinued the practice of insisting on Arabic transliteration to be included in the logo of the marks which is in non Arabic languages.
- The Registrar will continue accepting the new applications without the power of attorney while the same can be filed belatedly within non-extendable six months from the filing date at no extra fees.
- For recordal of assignment, change of name/address, mergers and license; all requisite documents are to be submitted in the original at the time of filing. Before, the original documents could be filed at a later stage after filing.

These new directives are expected to expedite the prolonged delays faced by the Iraqi Trademark Office in which the registration was taking approx. 2 to 3 years.

The official circular is to be published soon.

Source: JAH & Co. IP, Qatar


06-30-2015 (Newsletter Issue 10/15)
New Directives on Submission of PoA
On June 7, 2015, the Iraqi Trademarks Registrar has released new directives stipulating the submission of a power of attorney legalized up to an Iraqi consulate abroad for all trademark applications whose filing date exceeded six months. Otherwise the Registrar will apply strictly article no. 16 of the Iraqi Trademarks and Geographical Indication no. 21 of 1957 which states that:

Where registration of a trademark 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 inform the applicant, in writing, to complete the registration within the period prescribed in the regulation made under this law. Otherwise he shall be considered as having abandoned the application.

Source: JAH & Co. IP, Qatar


06-16-2015 (Newsletter Issue 9/15)
Legal Extension to Kurdistan Abolished
The Iraqi Trademarks Registrar has issued new directives abolishing the legal extension of registered Iraqi trademarks to Kurdistan.

Prior to this decision, it was possible to extend registered Iraqi trademarks to Kurdistan: If a trademark was already registered or accepted for registration in Iraq and the owner of the mark wished to extend its protection to Kurdistan, an official letter needed to be issued by the Iraqi Trademarks Registrar in Baghdad to the Registrar of Trademarks in Kurdistan furnishing him with the complete details of the concerned trademark and a report on its latest status in order to protect the mark and accredit its registration under Kurdistan jurisdiction.

Such practice is abolished now: When protection in Kurdistan is needed the application for registration should be filed directly with the Kurdistan trademarks office.

Source: JAH & Co. IP, Qatar


10-14-2014 (Newsletter Issue 15/14)
Accession to Singapore Treaty
WIPO presents its compliments to the Minister for Foreign Affairs and has the honour to notify the deposit by the Government of the Republic of Iraq, on 29 August 2014, of its instrument of accession to the Singapore Treaty on the Law of Trademarks, adopted at Singapore on March 27, 2006.

In conformity with Article 28(3), the said Treaty will enter into force, with respect to the Republic of Iraq, on 29 November 2014.

Source: www.wipo.int


07-04-2014 (Newsletter Issue 11/14)
Revision of TM Files Ongoing
A significant amount of trademark files were destroyed during the course of the Iraq War in 2003. Since then, the Iraqi Trademark Office has organized the revision of these files into separate batches in order account for all the records. The registrar currently examines applications with filing numbers ranging between 54,000 and 56,000. The Iraqi TMO has already completed the revision of the files ranging from 1 to 53999.

There are, however, some delays in processing the applications. Some trademarks are still pending due to heavy backlog and slow routine at the Iraqi TMO. In the event of missing documents, owners will be requested to submit all required documents. Incomplete trademark registrations will be considered abandoned and will not be processed.

Source: Saba & Co. IP – Head Office, Lebanon


04-01-2014 (Newsletter Issue 6/14)
Change of Practice of PoA
The Iraqi Trademarks Registrar has recently changed its practice with regards to power of attorney and stipulates the following:

Original power of attorney should be submitted at the time of filing the trademark application. The phrases “And the POA is valid for three years unless you are notified with its cancellation by us” should be included in the power of attorney form.

The above new practice is effected as of 1 March 2014. However, local agents and lawyers are still arguing this matter with the Iraqi Trademarks Registrar and this stipulation might be waived at any time.

Source: JAH & Co. IP, Qatar


07-16-2013 (Newsletter Issue 11/13)
Official Trademark Fees in Kurdistan
The Trademark Office of Erbil, the capital of Kurdistan Al Iraq Region, announced that the trademark charges in Kurdistan will be the same as adopted by the Trademark Directorate of Baghdad, as per the decision issued by Kurdistan Presidency Council No. 3306 dated April 1, 2013 and published at the Kurdistan Official Gazette.

Accordingly, starting from the beginning of June 2013, the following will be applied:
- Cancellation of the previous charges issued by the Ministry of Finance of Kurdistan. However, the charges will be interpolated as per the registration phases mentioned in the amended Trademark Law No. 21 of 1957.
- All trademark applications which have been accepted and published will be subject to the previous trademark charges.
- As from June 1, 2013 the new trademark charges will be applied according to the newly adopted tariff. Charges will be paid by each registration phase including examination phase, filing, publication, as well assignment, change, merger, cancellation, etc….
- The amended Trademark Law No. 21 of 1957 will be enforced with regard to the legal period of each phase of registration.
- Filing applications will be conducted using the legal forms available at the Trademark Office of Kurdistan in Arabic and Kurdish.

It is worth mentioning that the trademarks already registered in Baghdad could be protected in the Kurdistan Region through obtaining a certified copy of the certificate of registration of the subject mark. It must be attached to a certification letter from the Trademark Directorate of Baghdad addressed to the Trademark Office of Erbil which confirms the registration of the trademark in Baghdad. Also note that this service is chargeable.

Source: JAH & Co. IP, Qatar


05-02-2013 (Newsletter Issue 6/13)
Legal Protection of TMs in Kurdistan
There are two options of obtaining legal protection through registration of trademarks in Kurdistan Iraq which are summarized as follows:

1. If the trademark is already registered in Iraq and the owner of the mark wishes to extend its protection to Kurdistan region an official letter should be issued by the Iraqi Trademarks Registrar in Baghdad and addressed to the Registrar of Trademarks in Kurdistan furnishing him with the complete details of the concerned trademark filed in Iraq with a report on its latest status as registered in order protect the mark and accredit its registration under Kurdistan jurisdiction.

2. For trademarks which are not originally registered in Iraq an application for registration of the mark should be submitted directly to the Trademarks registrar in Kurdistan with the following documents:

1. A power of attorney duly legalized up to an Iraqi consulate abroad as per enclosed format.
2. A certified copy of registration certificate of the trademark in the home country.
3. An extract from the commercial register or incorporation certificate of the trademark both legalized up to an Iraqi consulate abroad.

As alternative to document no. 2 in its absence, a certified copy of any document attesting that the applicant company is authorized to manufacture the goods intended to be included in the trademark application which needs to be also legalized up to an Iraqi conflate abroad.

The trademark application takes 6 – 8 months to be finally registered as from filing date to obtaining final registration certificate thereof.

Source: JAH & Co. IP, Doha, Qatar


01-18-2013 (Newsletter Issue 1/13)
New Power of Attorney Regulations
The Trademarks Registrar of Iraq has issued a regulation with respect to belated powers of attorney (PoA) on 17 November 2012.

The power of attorney must be submitted within 6 months from the date of filing the trademark application, otherwise the application will be considered to have gone abandoned.

The power of attorney must be legalized by the Iraqi Consulate abroad and then locally legalized from the following authorities in order to be acceptable by the Iraqi registrar:

1. General Commission for Taxes at Ministry of Justice
2. Legalization Directorate at the Ministry of Foreign Affairs
3. Central Bank

Source: JAH & Co. IP, Doha, Qatar


03-27-2012 (Newsletter Issue 5/12)
No Applications on Thursdays
The Trademark Registry in Iraq has appointed Thursday of every week for internal work only in order to review and examine the files and applications. The Trademark Office does not accept any applications or queries on Thursdays. Accordingly, all deadlines falling on a Thursday will be automatically extended to the next working day which would be the Sunday of that week since the official weekend in Iraq is Friday – Saturday.

Source: www.sabaip.com


11-08-2011 (Newsletter Issue 13/11)
List of Missing Trademark Files
The Iraqi Trademark Office has published on October 11, 2011 a declaration in connnection with the missing trademark files which were damaged in the war.

The declaration includes a schedule of the third group of the missing trademark files (No. 23000-34999). Owners of these trademarks should provide the Trademark Office through their trademark agents and legal attorneys with documents which prove that they are the legitimate owners of the same in order to preserve the legal protection of the said trademarks in Iraq.
The aforesaid declaration also stipulated that the requested documents should be submitted with the Trademark Office within six months from the date of the publication of the same; otherwise, registration of the said trademarks shall be considered as cancelled and never existed.

To access the declaration please click here

Source: JAH & Co. IP , Doha, Qatar


10-01-2011 (Newsletter Issue 11/11)
TM Applications Soon Possible in Kurdistan
Trademark office of Iraqi Kurdistan at the Ministry of Industry and Trade (MIT) in Erbil will start accepting trademark applications for the Kurdistan region through its newly established Trademark Department, located at the building of the Ministry. It was reported that the Trademark Office of Erbil, Iraqi Kurdistan will start accepting trademark applications for the Kurdistan region. However, detailed information on the matter has yet to be revealed by the competent authorities until the time being as a meeting between the Officials at the two Trademarks Offices in Erbil and Baghdadis is contemplated by the end of coming November to agree on a unified mechanism for the registration process between them.
According to current practice the following two options are available for the protection of trademarks under the said jurisdiction.

1. If the trademark is filed in Iraq a letter from the Iraqi Trademarks Registrar should be addressed to the Trademarks Registrar in Kurdistan confirming that the concerned mark is filed and providing the full details of same as well as its status in order to protect the mark in Kurdistan by accrediting the registration in Iraq.

2. If the mark is not filed in Iraq the applicant might file an application directly in Kurdistan and the filing requirements are:
- A power of attorney legalized up to Iraqi consulate abroad.
- A copy of the incorporation certificate or extract from the commercial register of the applicant company legalized up to Iraq consulate as well.
- A declaration from the letter head of the applicant that the mark is not registered in Iraq legalized up to Iraq consulate.

Such registrations cover the jurisdiction of the region only and do not provide coverage and registration protection in Iraq.

Source: JAH & Co. IP , Doha, Qatar


06-10-2011 (Newsletter Issue 8/11)
Official Fees Decreased
The Iraqi Trademark Office issued a new Law No. 9 of 2010 amending some articles of the previous Law as well as fees for trademark services.

Source: Delta Legal Consultations Co. Ltd., Iraq
JAH & CO. IP, Qatar


01-01-2011 (Newsletter Issue 1/11)
New Regulations to Expedite TM Examination
In an attempt to expedite the slow processing of old pending trademarks applications which had been filed long time and not examined yet, the Trademark Office in Baghdad decided that examination procedures will be carried out in chronological order, not randomly, giving priority to old applications filed during or after the Iraqi War.

Meanwhile, the examination procedures have already started for the first group of applications bearing filing numbers (44000 to 45000), which are deemed to be completed. The second group of applications will begin shortly and so on for all remaining applications.

As a result, old applications filed early 2004 until 2007 are expected to be examined.

It is decided that recording change of owner's name or address will not be effected unless a notarized declaration or statement attesting this change is submitted and further legalized by the Iraqi Consulates/Embassies abroad. Accordingly, the already filed extracts from commercial registers proving these changes will not be accepted anymore and new notarized and legalized certificates are to be prepared.


Source: www.njq-ip.com

10-04-2010 (Newsletter Issue 15/10)
Second List of Missing Trademark Files Released
The Iraq Trademark Office posted in its official website the list of trademarks of which files have been lost during the war. The second group of the missing trademark files includes the files of trademarks (16091-22999). Trademark Owners are required to submit evidence of ownership within 6 months starting from September 20th, 2010, otherwise, the registration will be cancelled. To access the list click here

Source: www.delta-lc.com

08-12-2010 (Newsletter Issue 13/10)
First List of Missing Trademark Files Released
The Iraq Trademark Office posted in its official website, the list of trademarks which files have been lost during the war. The first group of the missing trademark files includes the files of trademarks (1 -16090). Trademark Owners are required to submit evidence of ownership within 6 months starting from June 7th, 2010, otherwise, the registration will be cancelled. To access the list click here

Source: Abu-Ghazaleh Intellectual Property


Legal basis are the Trademarks and Commercial Indications Laws amending the Trademarks and Descriptions Law No. 21 of 1957, on June 7th, 2010.
Trademark protection is obtained by registration.
Iraq is a member of the Paris Convention for the Protection of Industrial Property.
Nice classification, 7th edition
Local sub-classification.
The service classes 35 to 42 were included in the classification system by the administrative decision of the Trademark Office No 1520 dated April 29th, 2001. Beer, ale and port in class 32, alcoholic goods in class 33 and pork meat in class 29 are not registrable.
Registrable as a trademark are all distinctive and graphically representable signs, three-dimensional forms, colours, sound marks and any combination of the mentioned signs.
The following trademark types are registrable: trademarks, service marks, collective marks and certification marks. Israelis and Israeli companies (even if they only have or had an office in Israel) cannot register trademarks. However, the Israeli boycott declaration is no more needed.
The application is filed at the Patent Office.
Please note that Iraq is divided into two trademark jurisdictions; Baghdad and Erbil where filings should be undertaken separately in order to secure trademark protection for the whole country. The registries operate independently of each other and filing a trademark application in one jurisdiction does not automatically grant protection in the other. Erbil is the de-facto capital of the self-autonomous region of Northern Iraq-Kurdistan.
Multiple-class applications are possible. An application can include goods in any number of classes, but with additional charges for each additional class.
Foreign applicants need a local agent.
Power of attorney can be filed belatedly within non-extendable six months from the filing date at no extra fees.
The local legalization of power of attorney or any other official legalized document must be locally legalized from the following authorities (General Commission for Taxes at Ministry of Justice, Legalization Directorate at the Ministry of Foreign Affairs and Central Bank) in order to be acceptable by the Iraqi registrar.
Foreign applicants do not need a domestic registration.
A prior trademark clearance search for each class of goods/services at the Trademark Office is mandatory. The authorities confirm that the time frame to conduct the official search will be 10 working days. Depending upon the official search report, the trademark can be progressed to registration or a negative report can be challenged at the court of law.
The application process includes the examination on formal, absolute and relative grounds. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Trademark applications accepted by the Registrar are published one time in the official gazette prior to registration. The approximate time frame for completing the registration process of a trademark in Iraq is from 1.5 to 2 years.
National:
The opposition period is 90 days from the date of the publication of the trademark.

Opposition against designation of IR Mark
not a member of the Madrid Agreement or Protocol
A trademark registration is valid for 10 years from the date of application. Renewal is possible for periods of 10 years. Trademarks filed or registered before April 26th, 2004, will remain valid according to the old law for 15 years, but are renewable for further terms of 10 years.
The grace period for renewals is 6 months after the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used for 3 consecutive years from registration, it is vulnerable to cancellation.
There are other grounds for cancellation. Any third party can lodge a cancellation within five years from the registration date in accordance with specific grounds submitted to the Court. The Court might then cancel the trademark based on the (Article 21 / 1) of the Trademark Law.

Further practical details are available in our publication on this topic here
The official fee for filing is IQD 200,000 for one class and for registration IQD 250,000. The publication fee in the Bulletin is IQD 200,000, a fixed sum.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 380,00 € 250,00 € 
Word Mark Search (identical) 350,00 € 220,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
09-14-2016
JAH & CO. IP, Doha, Qatar  

11-11-2014
JAH & CO. IP, Doha, Qatar  

04-24-2013
JAH & CO. IP, Doha, Qatar  

09-08-2011
JAH & CO. IP, Doha, Qatar  



Ministry of Industry Group/Legality Office Department of Trade Marks & Geographical Indication
Al-Nidal St.
Baghdad
Iraq
Tel +964 1 816 2006
Mail info@iq-tmo.com
Mobile:
+964 1 790 298 7659 (Direct Manager)
+964 1 790 298 7656
+964 1 790 298 7658
+964 1 790 145 3543 (Registrar)

Email: registrar@iq-tmo.com, dept_head@iq-tmo.com
www.iq-tmo.com or www.industry.gov.iq

Kurdistan Regional Government, Ministry of Trade and Industry, Trademark Department
Kurdistan Region, Erbil
Tel +964 06622739 11 or + 964 06622739 12
Mail info@mtikrg.org
www.mtikrg.org