Iraq – Trademarks

From Filing to Registration: 14-20 Months

Convention Priority: Yes

Classification of Goods/Service: Local classification. Main local classes are almost identical to international classification, and each of these classes is divided into cub-classes.

Multiple Class Applications: Multi-class application system is followed. Additional government fees must be paid for each additional class/sub-class.

Procedure: Once the application is filed, it is queued to be examined as to trademark registrability. Accepted applications by the Registrar are published in three consecutive issues of the Official Gazette. There is 90 days period for filing an opposition by any interested party. In the absence of an opposition, the published trademark is registered, and the certificate of registration is issued.

Registration Validity: 10 years, renewable for other consecutive periods, each of which is 10 years.

Renewal Time: Application for Renewal should be submitted prior to expiry date. There is a grace period of 6 months for late renewals with payment of a surcharge.

Trade/Service mark Use: Not pre-requisite for registration. However, a trademark is vulnerable for cancellation by any interested party, who may prove that the trademark was not actually used for 3 consecutive years.

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Requirements:

Trademark/Service Mark Applications

1. Power of Attorney, legalized up to the Consulate of Iraq. Legalization stamp must appear on the back of the power sheet itself.
2. Ten prints of the trademark, a local requirement stipulates the Arabic transliteration should be shown above the Latin script.
3. In case the application covers goods of class 34, specimen of the packaging must be provided to trademark office.

Renewal of Trademark/Service Mark Registrations

1. Power of Attorney, legalized up to the Consulate of Iraq. Legalization stamp must appear on the back of the power sheet itself.
2. Photocopy of the certificate of registration.

Assignment Applications

1. Power of attorney, legalized up to the Consulate of Iraq. Legalization stamp must appear on the back of the power sheet itself.
2. Deed of Assignment, signed by both parties and legalized up to the Consulate of Iraq

Change of Name

1. Power of attorney in the new name, legalized up to the Consulate of Iraq. Legalization stamp must appear on the back of the power sheet itself.
2. Certified and legalized copy of change of name document duly legalized up to the Consulate of Iraq.

Change Address

1. Power of attorney in the new address legalized up to the Consulate of Iraq legalization stamp must appear on the back of the power sheet itself.

Iraq – Patents

Patent Protection Period: 20 Years

Annuity Payments: Annuities are to be paid every year on the anniversary date of completing the relevant file at the Patent Office with the required documents. However, payment of annuities may not be made to the Patent Office except after the grant of the patent with retroactive effect.

From Filing to Grant: 3 -4 years average

Convention Priority: Yes

Novelty: Absolute

Filing Language: English and translation into Arabic

Procedure: Once the patent application is filed, it is queued to be closely examined by Iraqi Patent Office with respect to compliance with formalities and patentability provided for in the Patent Law. The Registrar may request information and documentation for undertaking the technical examination. Patent applications accepted by the Registrar are published in the Patent Bulletin. Oppositions may be filed at any time after grant of the patent.

PCT: Iraq is not contracting state of PCT

Filing Requirements for Patent Application:

1. A Power of Attorney duly legalized up to the Consulate of Iraq. It must be legalized and the legalization stamp must appear on the back of the power sheet itself, otherwise the registrar will reject the Power of Attorney.
2. The name, address, occupation and nationality of the applicant.
3. Eight copies of the summary of the invention in English with the Arabic translation.
4. Eight copies of the specifications and claims in English with the Arabic translation.
5. Eight sets of the drawings, if any.
6. Copy of priority document, if priority is claimed, certified.

All documents may be submitted within 6 months from filing date. A simple copy of the priority document should be submitted at the time of filing.

Assignment Applications

1. A Power of Attorney duly legalized up to the Consulate of Iraq. It must be legalized and the legalization stamp must appear on the back of the power sheet itself, otherwise the registrar will reject the Power of Attorney.
2. A duly legalized deed of assignment signed by the assignor and the assignee and two photo static copies of the same.

Change of Name Applications

1. A Power of Attorney duly legalized up to the Consulate of Iraq. It must be legalized and the legalization stamp must appear on the back of the power sheet itself, otherwise the registrar will reject the Power of Attorney.
2. A duly legalized certificate of change of name issued by the Chamber of Commerce or any competent authority.

Change of Address Applications

1. A Power of Attorney duly legalized up to the Consulate of Iraq. It must be legalized and the legalization stamp must appear on the back of the power sheet itself, otherwise the registrar will reject the Power of Attorney.

Iraq – Designs

Design Protection Period: 10 years from filing date which non- renewable
From Filing to Grant: 18-22 months
Convention Priority: Yes
Novelty: Absolute
Annuity: Annuities are to be paid every year.

Procedure: Once the Design application is filed, it is queued to be examined by Iraqi Patent Office with respect to compliance with the provisions of the Design Law. Upon acceptance, the application will be published in the Official Gazette. In absence of any opposition, the Certificate of Registration is issued.

Filing Requirements for Design Application:

1- A Power of Attorney duly legalized up to the Consulate of Iraq. Legalization stamp should be overleaf the Power of Attorney sheet itself. The Power of Attorney should include Israel Boycott Declaration (form available on request).
2- 8 copies of representations of the design.
3- 2 compulsory miniature models of the design.
4- 8 copies of short description of the design.
5- Copy of priority document, if priority is claimed, certified

Item 4 and a simple copy of the priority document must be submitted at the time of filing. Items 1, 2, 3 and 5 may be submitted within 6 months from filing date.

Assignment

1- A Power of Attorney duly legalized up to the Consulate of Iraq. Legalization stamp should be overleaf the Power of Attorney sheet itself. The Power of Attorney should include Israel Boycott Declaration (form available on request).
2- Deed of Assignment by the assignor and the assignee duly legalized up to the Consulate of Iraq.

Change of Name

1- A Power of Attorney duly legalized up to the Consulate of Iraq. Legalization stamp should be overleaf the Power of Attorney sheet itself. The Power of Attorney should include Israel Boycott Declaration (form available on request).
2- A duly legalized certificate of change of name issued by the Chamber of Commerce or any competent authority.

Change of Address

1- A Power of Attorney duly legalized up to the Consulate of Iraq. Legalization stamp should be overleaf the Power of Attorney sheet itself. The Power of Attorney should include Israel Boycott Declaration (form available on request).