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Amendments to Trademark Laws

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Okt 01, 2011 (Newsletter Issue 11/11)
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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