Trademark Registration in Iraq

In Iraq, trademark registration is mandatory to obtain rights over a trademark, because it is a “first to file” jurisdiction. Only in some exceptional cases can an unregistered trademark be protected. It is also important to note that a trademark does not need to be in use in Iraq in order to be registered.

A registered trademark in Iraq also grants protection in the region of Kurdistan. However, since Kurdistan has its own trademark office, in practice it is recommended that, if protection in Kurdistan is specifically important, you also register the mark directly in Kurdistan.

Trademark search reports in Iraq are normally carried out for marks written in the Latin alphabet and will only consider other trademarks in the Latin alphabet. If you wish to search a mark written in Arabic and include results in Arabic, you should contact us; additional fees will apply. Likewise, if you wish the figurative or design elements of your trademark to be considered in a Trademark Search Report for Iraq, please contact us directly so we can confirm whether this service is available and under what conditions.

If you register a combined trademark (with both word and figurative elements), your exclusive rights will cover only the exact configuration as filed and registered. If you want to use the word and logo elements separately, it is advisable to file separate trademark applications for each element you wish to protect on its own.

To register a trademark in Iraq, you will generally need:

• Original Power of Attorney, signed, notarized, and legalized before the Consulate of Iraq.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average time frame to register a trademark in Iraq is around 22 months for straightforward cases. This is an estimated processing time based on current timeframes for applications and may vary considerably depending on the circumstances.

Once registered, a trademark in Iraq has a validity of 10 years from the application date and can be renewed indefinitely for further periods of ten (10) years.

• If the trademark expires, renewal can still be requested during a grace period of six (6) months, upon payment of a late renewal fee.

Although a trademark does not have to be in use in order to be registered, it must not go unused for periods of three (3) years, or it will become vulnerable to cancellation actions for lack of use.

Yes. Opposition actions may be filed by third parties against a trademark application in Iraq.

• Oppositions can be filed within ninety (90) days after the date of its third publication in the official gazette.

If a third party attempts to register or use a trademark for similar goods or services that includes a primary or distinct part of your trademark, you have the right to oppose the application based on confusing similarity. The probabilities of success will depend on the specific circumstances of each case.

Use is not required for a trademark to be registered in Iraq. A trademark may be registered even if it has not yet been used.

However, after registration:

• If the trademark goes unused for three (3) consecutive years, it becomes vulnerable to cancellation actions based on lack of use.