General Informaion
| Type of Trademarks: | Marks for goods, Service marks, Production Marks, Associated marks, Series marks, Certification marks, Collective marks, Defensive marks, Quality control Marks, Sound marks, Geographical indication Marks.
| Type of Applicant: | Company, Individual or Jointly.
| Registrable Elements: | Character, Chinese characters, Figure Sign, Claiming colour, Claiming priority or Combination of colours, Sound, Motion, Hologram, Position.
| Term of Protection: | 10 Years from filing date and renewable for 10 years within 12 months before expiry or 6 months after expiry with surcharge.
| Priority Deadline: | 6 months from the priority application filing date.
| Classification: | · Kurdistan: Multi class local sub-classification application. · Baghdad: Multi class application. The designated goods and services should be listed exactly as they appear in the WIPO Nice Classification, version 11-2017.
| Search: | Applicable for Word marks, Device marks Chinese Characters.
| Examination: | Formal, Substantive, Relative grounds and Absolute grounds.
| Recordation Applicability: | Registrations, Partial recordation or Termination.
| Time Frames (Up To): | Search: 6 months. Registration: 36 months - Mandatory search to decision 6 months - Filing to Publication decision 9 months - Publication Opposition Period 3 months - Registration to Certificate Issuance 18 months Renewals: 24 months. Recordation: 24 months. Appeal: 36 months. Opposition: 36 months.
| Declaration of Use: | Not Required.
| Letter of Consent and Disclaimers: | Not Acceptable to overcome refusal.
| Cancellation Action: | Not Applicable.
| Infringement Measures: | No provision.
Filing Requirements
- Power of Attorney duly legalized up to the Consulate of Iraq.
- Certified copy of home or foreign certificate of registration duly legalized as above. (Required for Kurdistan only).
- Certified copy of the priority document if priority is claimed.
- (All the above required at the filing date).
Renewal Requirements
- Power of Attorney duly legalized up to the Consulate of Iraq and further legalized locally at the Iraqi Ministry of Foreign Affairs (In case we are not the agent of record).
- Certified copy of home or foreign certificate of registration duly legalized as above (For pharmaceuticals only mainly class 5-a).
Assignment Requirements
- Power of Attorney signed by the assignee duly legalized up to the Consulate of Iraq.
- Deed of assignment signed by both parties duly legalized as above.
License Requirements
- Power of Attorney signed by the licensee duly legalized up to the Consulate of Iraq.
- License agreement signed by both parties duly legalized as above.
Merger / Mortgage Requirements
- Power of Attorney duly legalized up to the Consulate of Iraq.
- Certificate of merger / mortgage duly legalized as above.
Name/ Address Requirements
- Power of Attorney in the new name/address duly legalized up to the Consulate of Iraq.
- A certificate issued by the competent authorities evidencing the changes or an affidavit proving the changes duly notarized and legalized as above.(Not required for Change of Address)
Appeal / Opposition Requirements
- Power of Attorney duly legalized up to the Consulate of Iraq. (Required at the time of filing)
- Any document to show prior use in the stated jurisdiction or neighbouring countries.
- Brief history of the applicant’s company including list of registrations along with copies of the same in the stated jurisdiction or neighbouring countries.
- The date of first use and registration worldwide and in the stated jurisdiction or neighbouring countries.
- Extracts from bills/invoices, etc., from the year of inception of the company.
- Sales turnover from inception up to date in the country of origin and in the stated jurisdiction or neighbouring countries.
- Any additional helpful documents (ex. Distribution agreements, local advertisements, local newspapers, magazines, etc.) evidencing the use and existence of the mark worldwide and in the stated jurisdiction or neighbouring countries.