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Iraq - Jurisdictions

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Iraq
Jurisdiction

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TRADEMARK
Registration
    Information:
    • MEMBERSHIP:
      WIPO and Paris Convention
    • CLASSIFICATION:
      7th edition — multiclass application with local sub-classification system
    • CLAIMING PRIORITY:
      Possible
    • SEARCH/TIME FRAME:
      Possible for word marks and device marks / 6 months
    • EXAMINATION:
      On formal, absolute, and relative grounds
    • EXTENSION OF TIME:
      Not possible for filing oppositions, counter oppositions, and responding to office actions
    • VALIDITY:
      10 years as from the filing date
    • RENEWAL:
      For unlimited period of 10 years each
    • GRACE PERIOD:
      6 months from the protection’s expiry date
    • USE:
      Vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 2 years from registration date
    Requirements:
    1. A Power of Attorney duly legalized up to Iraqi consulate; and
    2. The class and subclasses of the goods to be covered by the application. Iraq is following a local sub classification and mostly is identical to international classification.
      • A general POA may be used for subsequent filings.
      • All documents may be submitted within 6 months from filing date.
      • The date of notarization of POA must precede the date of filing.
    Time frame:
    1. Rejection: Must be appealed within 60 days
    2. Publication: In 3 consecutive issues of the publication
    3. Opposition Period: 90 days from the publication date
    4. Total estimated time frame: 24-36 months
      The above time frame is for a normal/smooth processing of a trademark application, in case of no objections by the trademark examiner or no oppositions from a third party.

    The autonomous territory of Kurdistan in the Federal Republic of Iraq has a separate registry for trademark registration. There are in fact two methods for trademark registration in this region of Iraq; either file a fresh application at Kurdistan Trademark Office or apply for extension of protection of a trademark originally registered at the trademark office in Baghdad.

    Requirements:
    1. A Power of Attorney duly legalized up to Iraqi consulate; and
    2. Certificate of Incorporation duly legalized up to Iraqi consulate.
      • A certified copy of registration of trademark at Baghdad Trademark Office, for applying extension of protection
Renewal
    Filing Requirements:
    1. A Power of Attorney duly legalized up to Iraqi consulate; and
    2. A simple copy of the latest certificate issued.
Change of Name or Address
    Filing Requirements:
    1. A Power of Attorney duly legalized up to Iraqi consulate;
    2. Extract from the commercial register or any other document evidencing the change, legalized; and
    3. Copy of certificate of registration.
      • For a change of address, no additional documents are required other than the POA.
      • May be recorded for applications and registrations.
Assignment
    Filing Requirements:
    1. POA, legalized; and
    2. Deed of assignment, legalized.
      • Trademarks may be assigned with the goodwill of the business concerned unless otherwise agreed upon.
      • May be recorded for registrations only.
Merger
    Filing Requirements:
    1. A Power of Attorney duly legalized up to Iraqi consulate; and
    2. Certificate of merger, legalized.
      • May be recorded for registrations only.
License
    Filing Requirements:
    1. A Power of Attorney duly legalized up to Iraqi consulate; and
    2. License agreement, legalized.
      • License recordal is compulsory in order to be effective against third parties.
      • May be recorded for registrations only.
PATENT
Information
    Information:
    • EQUIVALENT SEARCH:
      Not possible
    • EXAMINATION:
      As to form, novelty, inventiveness and industrial applicability
    • PUBLICATION:
      Applications published after grant
    • OPPOSITION:
      Oppositions may be filed at any time after grant
    • ANNUITIES:
      Back annuities are due upon grant; then due annually and calculated based on the submission date of the last supporting document
    • PROTECTION TERM:
      20 years from filing date
    Requirements:
    1. A Power of Attorney duly legalized up to Iraqi consulate;
    2. Eight copies of abstract, specifications, claims & drawings, if any;
    3. Certified copy of priority document duly legalized up to Iraqi consulate, if priority is claimed; and
    4. An Assignment deed duly legalized up to Iraqi consulate, if the applicant is not the inventor.
Change of Name or Address
    Filing Requirements:
    1. A Power of Attorney duly legalized up to Iraqi consulate; and
    2. Document evidencing change of name/ address, legalized.
Assignment
    Filing Requirements:
    1. POA from both assignee and assignor, legalized; and
    2. Document evidencing assignment, legalized.
Merger
    Filing Requirements:
    1. A Power of Attorney duly legalized up to Iraqi consulate; and
    2. Document evidencing merger, legalized.
License
    Filing Requirements:
    1. POA from licensee and licensor, legalized; and
    2. Licensing agreement, legalized
DESIGN
Information
    Information:
    • PROTECTION TERM:
      7 years from filing date
    • EXAMINATION:
      As to form, novelty, and industrial applicability
    • APPLICATION WITH MULTIPLE FIGURES:
      Admissible
    • ANNUITIES:
      Payable annually
    • RENEWAL:
      Not possible
    Requirements:
    1. A Power of Attorney duly legalized up to Iraqi consulate;
    2. Eight copies of short description of the design;
    3. Eight copies of drawings or representation of the design; and
    4. Two miniature model of design.
      • Copies of the short description of the design and a simple copy of the priority document must be submitted at the time of filing, all remaining items may be submitted within 6 months of filing.
COPYRIGHT
Information
    Information:
    • No statutory laws on Copyright and Related Rights are available in Iraq.
DOMAIN NAME
Requirements
    Requirements:
    1. The owner’s name, trade, address with the full contact information;
    2. A brief on the owner’s line of business and activities;
    3. Primary Server Hostname; Primary Server IP address; Secondary Server Hostname and Secondary Server IP address. Please specify whether the servers are DNS or NS1, NS2;
    4. The name of the DNS service provider;
    5. A Power of Attorney legalized up to the Iraqi consulate; and
    6. The owner should have a similar trademark or a trade name registered in Iraq. If the client has a branch licensed in Iraq , a copy of the license will be required.
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