Trademark Information

General Information

Type of Trademarks

Marks for goods, Service marks, Production Marks, Associated marks, Series marks, Certification marks, Collective marks, Defensive marks, Quality control Marks, Sound marks, Geographical indication Marks.

Type of Applicant

Company, Individual or Jointly.

Registrable Elements

Character, Chinese characters, Figure Sign, Claiming colour, Claiming priority or Combination of colours, Sound, Motion, Hologram, Position.

Term of Protection

10 Years from filing date and renewable for 10 years within 12 months before expiry or 6 months after expiry with surcharge.

Priority Deadline

6 months from the priority application filing date.

Classification

  • Kurdistan: Multi class local sub-classification application.

  • Baghdad: Multi class application. The designated goods and services should be listed exactly as they appear in the WIPO Nice Classification, version 11-2017.

Search

Applicable for Word marks, Device marks Chinese Characters.

Examination

Formal, Substantive, Relative grounds and Absolute grounds.

Recordation Applicability

Registrations, Partial recordation or Termination.

Time Frames

Search: 6 months.

Registration: 36 months

  • Mandatory search to decision 6 months

  • Filing to Publication decision 9 months

  • Publication Opposition Period 3 months

  • Registration to Certificate Issuance 18 months

Renewals: 24 months.

Recordation: 24 months.

Appeal: 36 months.

Opposition: 36 months.

Declaration of Use

Not Required.

Letter of Consent and Disclaimers

Not Acceptable to overcome refusal.

Cancellation Action

Not Applicable.

Infringement Measures

No provision.

Filing Requirements In Iraq

  • Baghdad:

    • Power of Attorney duly legalized up to the Consulate of Iraq.
      Simple copy of home or foreign registration certificate (Only for class 5-a pharmaceuticals).

    • Certified copy of the priority document if priority is claimed.

(All the above may be submitted within 180 days from the filing date).

  • Kurdistan:

    • Power of Attorney duly legalized up to the Consulate of Iraq. ( at the time of filing).

    • Certified copy of home or foreign certificate of registration duly legalized as above.
      (Note: we only need the certified certificate of origin country when issuing the registration certificate in Kurdistan.

Renewal Requirements In Iraq

  • Power of Attorney duly legalized up to the Consulate of Iraq and further legalized locally at the Iraqi Ministry of Foreign Affairs (In case we are not the agent of record).

  • Certified copy of home or foreign certificate of registration duly legalized as above (For pharmaceuticals only mainly class 5-a).

Assignment Requirements In Iraq-Kurdistan

  • Power of Attorney signed by the assignee duly legalized up to the Consulate of Iraq.

  • Deed of assignment signed by both parties duly legalized as above.

License Requirements In Iraq-Kurdistan

  • Power of Attorney signed by the licensee duly legalized up to the Consulate of Iraq.

  • License agreement signed by both parties duly legalized as above.

Merger / Mortgage Requirements In Iraq-Kurdistan

  • Power of Attorney duly legalized up to the Consulate of Iraq.

  • Certificate of merger / mortgage duly legalized as above.

Name/ Address Requirements In Iraq-Kurdistan

  • Power of Attorney in the new name/address duly legalized up to the Consulate of Iraq.

  • A certificate issued by the competent authorities evidencing the changes or an affidavit proving the changes duly notarized and legalized as above.(Not required for Change of Address)

Appeal / Opposition Requirements In Iraq-Kurdistan

  • Power of Attorney duly legalized up to the Consulate of Iraq. (Required at the time of filing)

  • Any document to show prior use in the stated jurisdiction or neighbouring countries. 

  • Brief history of the applicant’s company including list of registrations along with copies of the same in the stated jurisdiction or neighbouring countries. 

  • The date of first use and registration worldwide and in the stated jurisdiction or neighbouring countries.

  • Extracts from bills/invoices, etc., from the year of inception of the company. 

  • Sales turnover from inception up to date in the country of origin and in the stated jurisdiction or neighbouring countries. 

  • Any additional helpful documents (ex. Distribution agreements, local advertisements, local newspapers, magazines, etc.) evidencing the use and existence of the mark worldwide and in the stated jurisdiction or neighbouring countries.