Summary of the Trademark Registration System
Iraq is a member to the Paris Convention for the Protection of Industrial Property (the Act of Stockholm of 1967). Registration of trademarks in Iraq is effected under the provisions of the Trademark
Law No. 21 of the year 1957 and its subsequent amendments.
The classes of goods are subdivided. The wording of the goods to be included in the application should be in conformity with the local classification (available here), which is almost identical to the
international classification An application can include goods in any number of subclasses, but with additional charges for each subclass. Service marks are registrable as of April 29, 2001 according to the
International Calcification. The prints of the trademark should show the Arabic transliteration of the mark in a larger lettering on top of the word in Latin.
The prints of a trademark covering goods in class 34 should contain the statutory warning in both English and Arabic languages along with the trademark denomination and should include the label of the
trademark as used.
Once a trademark application is filed, it is examined as to registrability and to ensure that no prior identical or similar trade mark has been registered.
Trademark applications accepted by the Registrar are published in three consecutive issues of the Official Gazette. Any interested party may file a written opposition against the registration of the trademark within 90 days as of the date of the last advertisement. In the absence of opposition, a published trademark is registered, and the relevant certificate of registration is issued.
A trademark registration is valid for fifteen 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 three to six months so that a trademark renewal may be effected.
Alternatively, the trade mark will be re-registered with a validity extending for fifteen years as of the expiry date of the registration.
The assignment of a trademark registration should be recorded. Unless it is published in the Official Gazette and entered in the records of the Trademark Office, an assignment shall not be effective vis-à-vis
third parties.
The assignment of a trademark registration must be with the goodwill of the business concern, unless otherwise agreed upon. Changes in the name and/or address of a registrant must be recorded.
Use of trademarks in Iraq is not compulsory for filing applications for registration nor for maintaining trademark registrations in force.
However, a trademark registration is vulnerable to cancellation on the basis of a court decision obtained to this effect by any interested party.
A cancellation action relies basically on establishing sufficient grounds that the trademark in question has not actually been used seriously for a period of two consecutive years.
A trademark registration is consequently canceled unless the owner proves that non-use of the trademark was for reasonable causes of which the court approves.
The Trademark Office or any party concerned is entitled to demand cancellation of any trademark registered in bad faith. Any infringement or unauthorized use of a registered trademark is
punishable under the provisions of the current Trademark Law.
Summary of the Patent Registration System
Once an application for the grant of a patent is filed, it is examined with respect to compliance with formalities and patentability provided for under the Patent Law.
The Patent Office may require whatever amendments that may be necessary to bring the application into conformity with the law.
In the event the applicant does not comply with the requirements of the Patent Office within a given grace period as authorized by the Registrar, a patent application will be treated as renounced.
Patent applications are examined closely as to the contents and novelty of the invention. Once an application is accepted the grant decision will be published after which the relevant letters patent
will be issued.
It takes at least 2 to 3 years for the letters patent to be issued after the usual acceptance process, and this involves additional costs to the applicant. 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.
A patent is valid for twenty years starting from the date of completing the application submitted to the Patent Office. Such a validity is subject to payment of the prescribed annual fees which is calculated from the date of completing the filing requirements.
All the unpaid annuities are collected from the applicant with a retroactive effect upon the grant of the patent. The rights to a patent may be assigned or transferred through succession. The assignment of patent applications and granted patents must be made in writing.
An assignment shall have no effect against third parties unless it has been published in the Official Gazette and duly entered in the relevant records of the Patent Office.
Working of patents in Iraq is an official requirement. In the event that the owner of a patented invention in Iraq does not satisfy the stipulated working requirements within three years as from the date
of grant or if working the invention ceases for two consecutive years, then the patent will be subject to compulsory licensing under the provisions of the law. Patentees are not permitted to effect nominal workings of their patents.
Summary of the Design Registration System
The procedures for the registration and protection of designs in Iraq are similar to those of patents, except for the requirement of two miniature models of the design made of plastic or metal. A design registration is valid for seven years. Annuities are to be paid to maintain the design registration. Renewal of a design registration is not provided for in the Law.
Summary of the Copyright Registration System
The Copyright Protection Law No. 3 for the year 1971 governs the protection of copyright in Iraq.
Summary of the Domain Name Registration System
Currently there is no implementation of Domain name registration, we expect something in the short term.
Filing Requirements
Trademark/Service Mark Applications
A power of attorney including the eight-point boycott questionnaire duly legalized up to the Consulate of Iraq. All questions must be answered by the applicant. (The form is available at the AGIP Jordan Office)
The name, address, nationality, and occupation of the applicant.
The classes and subclasses of the goods to be covered by the application. The wording of the list of goods to be protected must conform to the local classification, which is similar to the International classification.
Ten prints of the trademark; a local requirement stipulates the Arabic transliteration should be shown above the Latin script.
For filings in class 34:
Labels for trademark
A certificate issued from Home Trade & Industry Chambers addressed to Iraqi Federation of Industries and legalized from Iraqi consulate of the home country, which should specify the kind of business for
the firm. Or a certificate of incorporation stating that the company produces tobacco related products legalized up to the Iraqi Consulate.
A Sample (empty pack) of each mark.
Patent Applications
A power of attorney including the eight-point boycott questionnaire duly legalized up to the Consulate of Iraq. All questions must be answered by the applicant. (The form is available at the AGIP Jordan Office)
Eight copies of a summary of the invention in English with the Arabic translation.
Eight copies of the specification and claims in English with the Arabic translation.
Eight sets of the drawings, if any.
The name, address, occupation and nationality of the applicant.
Note: The Registrar of patents may ask for a legalized copy of the corresponding foreign basic letters patent and/or a novelty search report.
Design Applications
A power of attorney including the eight-point boycott questionnaire duly legalized up to the Consulate of Iraq. All questions must be answered by the applicant. (The form is available at the AGIP Jordan Office)
Eight copies of a short description of the design.
Eight copies of drawings or reproductions of the design.
Two miniature models of the design.
The name, address, nationality and occupation of the applicant.
Assignment Applications
A power of attorney including the eight-point boycott questionnaire duly legalized up to the consulate of Iraq. All questions must be answered by the applicant. (The form is available at the AGIP Jordan Office)
A duly legalized deed of assignment signed by both the assignor and the assignee, and two photostatic copies of the same.
Change of Name Applications
A power of attorney including the eight-point boycott questionnaire duly legalized up to the consulate of Iraq. All questions must be answered by the applicant. (The form is available at the AGIP Jordan Office)
A duly legalized certificate of change of name issued by the Chamber of Commerce or any competent authority.
Change of Address Applications
A power of attorney including the eight-point boycott questionnaire duly legalized up to the Consulate of Iraq. All questions must be answered by the applicant. (The form is available at the AGIP Jordan
Office)
License Agreement Applications
A power of attorney including the eight-point boycott questionnaire duly legalized up to the consulate of Iraq. All questions must be answered by the applicant. (The form is available at the AGIP Jordan Office)
A legalized license agreement, executed by both the license and the licensee (preferably in English) as well as two copies thereof.
Local Classification
In Iraq, classes are subdivided and the wording of the list of the goods to be included in the application must be in conformity with the local classification.
Class 1:
a. Chemical products and adhesive substances used in industry, science and photography.
b. Chemical products used in agriculture, horticulture, forestry;
natural and artificial manure.
c. Fire extinguishing compositions.
d. Substances for soldering metal.
e. Chemical substances for preserving foodstuffs.
f. Tanning substances.
Class 2:
a. Paints, varnishes, lacquers; preservative for paints and against deterioration of wood; coloring matters and dyestuff; mordant.
b. Natural resins.
c. Preservative against rust.
d. Metal in foil and powder form for painters and decorators.
Class 3:
a. Preparations and substances for laundry use; soaps; lotions for cleaning hair.
b. Polishing and abrasive; scouring and cleaning preparations.
c. Perfumery and essential oils; cosmetics; hair lotions.
d. Dentifrice.
Class 4:
a. Industrial oils and greases (other than edible oils and fats and essential oils); lubricants.
b. Fuels (including motor spirit and illuminant).
c. Dust laying and absorbing compositions.
d. Candles, tapers, night-lights and wick.
Class 5:
a. Pharmaceutical, veterinary and sanitary substances.
b. Infants' and invalids' foods.
c. Plasters (medical and surgical).
d. Material for bandaging (medical and surgical).
e. Material for stopping and filling teeth; dental wax.
f. Disinfectants; preparations for killing weeds and destroying vermin.
Class 6:
a. Ores, unwrought and partly wrought common metals and their alloys.
b. Anchors.
c. Anvils.
d. Bells.
e. Rolled and cast building materials; rails and other metallic materials for railway tracks.
f. Chains (except driving chains for vehicles).
g. Cables and wires (non-electric).
h. Locks and keys; safes and cash boxes.
i. Horse shoes.
j. Nails and screws.
k. Metallic pipes and tubes.
l. Other goods in non-precious metals not included in other classes.
Class 7:
a. Machines and machine tools; machine couplings and belting.
b. Agricultural machinery.
c. Engines and motors of all kinds (except for land vehicles).
Class 8:
a. Hand tools and instruments.
b. Cutlery, forks and spoons.
c. Side arms (swords and daggers and the like).
Class 9:
a. Scientific, nautical, surveying and electrical apparatus and instruments including wireless.
b. Photographic, cinematographic and optical instruments and apparatus.
c. Weighing, measuring, signaling and checking apparatus and instruments; coin or counter feed apparatus.
d. Teaching apparatus and instruments; life saving apparatus and instruments.
e. Talking machines and sound recording, conveying and broadcasting apparatus and instruments.
f. Cash counters and registers; calculating machines.
g. Fire-extinguishing apparatus.
h. Automatic machines.
Class 10:
a. Surgical, medical, veterinary and dental instruments and apparatus.
b. Artificial limbs, eyes and teeth.
Class 11:
a. Installations for lighting.
b. Installations for heating.
c. Installations for steam generating.
d. Installations for cooking.
e. Installations for refrigerating.
f. Installations for drying.
g. Installations for ventilation.
h. Installations for water supply services.
i. Installations for sanitary purposes.
Class 12:
a. Vehicles.
b. Apparatus for locomotion by land, water or air (including engines
and motors for land vehicles).
Class 13:
a. Firearms.
b. Ammunition and projectiles.
c. Fireworks.
d. Explosives.
Class 14:
a. Precious metals and their alloys and goods in precious metals or coated therewith (except cutlery, forks and spoons).
b. Jewellery in general and precious stones.
c. Horological and other chronometric instruments.
Class 15:
a. Musical instruments (other than talking machines and wireless).
Class 16:
a. Paper and cardboard and articles there from.
b. Printed matter including newspapers, periodicals and books.
c. Book-binding material.
d. Photographs.
e. Stationery and writing material; adhesive materials (Stationery).
f. Artist's materials (other than colors or varnish).
g. Typewriters.
h. Office requisites (other than furniture).
i. Instructional and teaching material (other than apparatus).
j. Playing cards.
k. Printers type and clichés (stereotype).
l. Brushes for painting and coloring.
Class 17:
a. Gutta-percha, rubber, and substitutes and articles there from and
not included in other classes.
b. Materials for packaging, stopping and insulating.
c. Asbestos, mica and their products.
d. Hose-pipes (non-metallic).
Class 18:
a. Leather and imitations of leather and articles made from these
materials and not included in other classes.
b. Skins and hides.
c. Trunks and traveling bags.
d. Umbrellas, parasols; walking sticks, whips.
e. Harnesses and saddlery.
Class 19:
a. Non-metallic building materials; natural and artificial stone;
cement, lime, mortar, plaster and gravel; road-making materials.
b. Asphalt, pitch and bitumen.
c. Portable buildings.
d. Stone statues and monuments.
e. Chimneys.
f. Pipes of earthenware or cement.
Class 20:
a. Furniture.
b. Mirrors, pictures frames and the like.
c. Articles (not included in other classes) made of wood, cork, reed, cane or horn.
d. Ivory, whalebone, shell, amber, mother-of-pearl, meerschaum,
celluloid and substitutes for all these materials.
Class 21:
a. Small utensils and containers not made of precious metals or
coated therewith, for domestic and kitchen use; glassware, porcelain and earthenware not included in other classes.
b. Combs; sponges; brushes not included in class 16; brush-making
materials.
c. Materials for cleaning purposes (non-electric).
Class 22:
a. Ropes and strings.
b. Tents; nets; sails; sacks; tarpaulins.
c. Padding and stuffing materials (hair, kapok, feathers, seaweed, etc.).
d. Raw fibrous textile materials.
Class 23:
a. Yarns.
b. Threads.
Class 24:
a. Cotton tissues and piece goods not included in other classes.
b. Woolen tissues and piece goods not included in other classes.
c. Silk tissues and piece goods not included in other classes.
d. Other tissues and piece goods not included in other classes.
Class 25:
a. Head wear.
b. Clothing (outer and new).
c. Clothing (inner and new).
d. Used (second hand) clothing.
e. Shoes and stockings.
f. Socks and stockings.
Class 26:
a. Lace and embroidery, ribald and braids; buttons of all descriptions; buckles, hooks and eye.
b. Pins and needles.
c. Artificial flowers.
Class 27:
a. Carpets, rugs and mats of all descriptions.
b. Linoleum and other materials for covering floors.
c. Wall hangings (non-textile).
Class 28:
a. Games and playthings.
b. Gymnastic and sporting articles.
c. Ornaments and decorations for Christmas trees.
Class 29:
a. Meat, dead fish, dead poultry and dead game; meat extracts.
b. Preserved, dried and cooked fruits and vegetables.
c. Jellies and jams.
d. Eggs.
e. Milk, sour milk (laban), butter, cheese and other dairy products.
f. Edible oils and fats.
g. Other preserved foodstuffs.
h. Pickles.
Class 30:
a. Coffee and coffee substitutes.
b. Tea.
c. Cocoa.
d. Sugar.
e. Rice.
f. Tapioca.
g. Sago.
h. Flour, preparations made from cereals; bread, biscuits and cakes.
i. Pastry and confectionery.
j. Ices.
k. Honey.
l. Treacle.
m. Yeast, baking powder.
n. Salt.
o. Mustard.
p. Pepper.
q. Vinegar.
r. Spices.
s. Ice.
t. Sauces.
Class 31:
a. Agricultural, horticultural and forestry products and grains not
included in other classes.
b. Living animals.
c. Fresh fruits and vegetables.
d. Seeds.
e. Live plants and flowers.
f. Food-stuffs for animals.
g. Malt and the like.
Class 32:
a. Beer.
b. Mineral and aerated waters and other non-alcoholic drinks.
c. Syrups and other preparations for making beverages.
Class 33:
a. Wines.
b. Alcoholic drinks.
c. Liqueurs
Class 34:
(Trademark should have label)
a. Raw or manufactured tobacco.
b. Cigarettes.
c. Cigars.
d. Smokers' articles not of precious metals nor coated therewith.
e. Matches.
f. Lighters not of precious metals nor coated therewith.
Class 35:
a. Advertising.
b. Business management.
c. Business administration.
d. Office functions.
Class 36:
a. Insurance.
b. Financial affairs.
c. Monetary affairs.
d. Real estate affairs.
Class 37:
a. Building construction.
b. Repair.
c. Installation services.
Class 38:
Telecommunications.
Class 39:
a. Transport.
b. Packaging and storage of goods.
c. Travel arrangement.
Class 40:
Treatment of materials.
Class 41:
a. Education.
b. Providing of training.
c. Entertainment.
d. Sporting and cultural activities.
Class 42:
a. Providing of food and drink.
b. Temporary accommodation.
c. Medical, hygienic and beauty care.
d. Veterinary and agricultural services.
e. Legal services.
f. Scientific and industrial research.
g. Computer programming.
h. Services that cannot be placed in other classes.