Iraq is a member of the Paris Convention for the Protection of Industrial Property. Trademarks are registered under the Trademarks and Descriptions Law No. 21 of 1957, as amended. Order No. 80, issued by the Coalition Provisional Authority on 26 April 2004, amended the law and renamed it the "Trademarks and Geographical Indications Law". Classes are divided into sub-classes, and the goods to be protected must be cited with the exact wording of the national classification, which closely mirrors the Nice International Classification. An application may cover goods in several classes against an additional fee per class.
Upon filing, the mark is examined for registrability and for the absence of identical or similar prior registrations. Applications accepted by the Registrar are published in three consecutive issues of the Official Gazette, and any interested party may file a written opposition within 90 days of the last advertisement. Where no opposition is filed, the published mark is registered and the registration certificate is issued.
Registration protects the mark for 10 years from the filing date, renewable for like periods. Iraqi law provides no statutory grace period for late renewal; however, upon request, the Trademark Office may grant a six-month grace period for renewal — otherwise the mark must be refiled, with validity extended to 10 years from the expiry of the original registration.
Assignments must be recorded, and applications may be filed for pending marks as well. An assignment must be accompanied by a transfer of the business that uses the mark unless otherwise agreed. Changes to the owner's name and address must also be recorded.
Use is not a condition for filing or maintaining a registration in Iraq. However, the mark may be cancelled by decision of the competent court upon the request of any interested party, primarily on proof of actual non-use for three consecutive years — unless the owner shows that non-use was due to reasonable causes accepted by the court. The Trademark Office or any interested party may seek cancellation of a registration obtained in bad faith.
Infringement of a registered trademark, or its unauthorised use, is punishable under the trademark law in force.
Trademark/Service Mark Applications
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