Trademarks

Law

Registration of trademarks in Iraq is effective under the provisions of Trademarks and Descriptions Law No. 21 of 1957 and its subsequent amendments. Order No. 80 issued by the Coalition Provisional Authority on April 26, 2004, amended the aforementioned trademarks law. The law was renamed the "Trademark and Geographical Indications Law."

Conventions/Bodies

Paris Convention and WIPO.

Classification

A local classification which is almost identical to international classification. An application can include goods in any number of subclasses, but with additional charges for each subclass.

Examination

Trademark applications are examined as to registrability and existence of prior rights. Opposition to published trademarks can be made within 3 months from publication.

Duration

A trademark registration is valid for 10 years as of the filing date of the application, renewable for similar periods. The trademark law in Iraq does not provide for a grace period during which a late renewal application can be filed. However, the Trademark Office may grant, upon request, a grace period of six months so that a trademark renewal may be effective. Alternatively, the trademark will be re-filed with a validity extending for 10 years as of the expiry date of the registration. 

Assignment

Assignment of a trademark registration should be recorded. The assignment must be with the goodwill of the business concern unless otherwise agreed upon.

IP Decisions KSA