The short answer
Under Law No. 21 of 1957 on Trademarks and Trade Names (as amended by Order No. 80 of 2004 and Law No. 9 of 2010), a mark is protected for ten years and the protection is renewable for the same period on an application filed in the last year. Renewal can still be requested within six months after expiry with the additional fees. An opposition is filed within ninety days of the last advertisement, and a court can cancel a registration for three continuous years of non-use.
Trademark deadlines in Iraq at a glance
These rules come from Law No. 21 of 1957 on Trademarks and Trade Names (Iraq), as amended by Order No. 80 of 2004 and Law No. 9 of 2010, read in the Arabic text on WIPO Lex, which we have translated. Fees and regulations are issued by the Ministry, so we confirm them before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | Ten years, renewable for the same period (Article 20). |
| Which date does the term count from? | The Law states the protection period as ten years and does not say in the article we read which date it counts from. We confirm the start date from the registration certificate and Ministry practice (Article 20). |
| When can I renew? | The renewal application is submitted during the last year, in line with the regulations, after paying the prescribed fees (Article 20(1)). |
| Is there a grace period? | Yes. The owner can ask to renew within six months after the date the protection ends, on payment of the prescribed fees and the additional fees in the regulations. Otherwise the Registrar may remove the mark from the register (Article 20(2)). |
| Opposition period | If the Registrar provisionally accepts a mark, it is advertised in three consecutive issues of the Directorate of Trade bulletin. An interested person can lodge a written notice of opposition within ninety days of the last advertisement. The applicant replies in writing within thirty days, or is treated as having withdrawn the application (Article 11). |
| Reply to an office action | Decisions of the Registrar can be challenged before the court within thirty days of notification (Article 10). If registration is not completed within six months because of the applicant's delay, the Registrar can ask for completion, otherwise the application is treated as withdrawn (Article 16). |
| Priority claim | An applicant from a Paris Union or WTO state, or a state that gives Iraq reciprocal treatment, who files in another such state can file the same application in Iraq within six months of the first filing and enjoy priority (Article 6 bis). |
| Non-use | Any interested person can ask the court to cancel the registration within five years of registration, giving the facts, and at any time if the mark has become the common name, was registered by fraud or against the registration rules, or has not been used for three continuous years unless the owner proves justified reasons (Article 21). |
| Assignment | A mark can be transferred or licensed, and the law does not require recording a transfer or licence to prove the mark's validity against third parties (Article 18 bis). The Registrar records changes of owner, name and address (Article 28). |
Who can register a trademark in Iraq
The Law covers trademarks, service marks, collective marks and certification marks. The register is kept at the Ministry of Industry and Minerals and is open to the public (Article 2).
Representation. We act as your agent before the Registrar. We confirm any local representation rule before filing.
Trademark registration process in Iraq
Search
- Search the the Trademark Registrar at the Iraqi Ministry of Industry and Minerals records for identical or similar marks in your classes.
File the application
- File with the the Trademark Registrar at the Iraqi Ministry of Industry and Minerals, through your Iraqi agent.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After provisional acceptance, the mark is advertised in three consecutive issues, and an interested person can oppose within ninety days of the last advertisement. The applicant has thirty days to reply (Article 11).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Trademark Registrar at the Iraqi Ministry of Industry and Minerals and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Iraq trademark validity and renewal
- Protection lasts ten years.
- Renew in the last year.
- A six-month period after expiry costs additional fees.
- Use the mark to avoid cancellation for three continuous years of non-use.
Diarise the last year of protection from the date on the certificate.
Assignment, licence and changes to a Iraqi trademark
Registered owner changes
Recorded
The Registrar records changes of owner, name and address (Article 28).
Licence
Allowed
The owner can license the mark for all or some goods (Article 18 bis).
Re-registration
One-year wait
A mark removed from the register cannot be registered for another person for one year unless the owner agrees (Article 22).
Challenge to decisions
30 days
Registrar decisions can be challenged before the court within thirty days (Article 10).
Non-use and cancellation of a Iraqi trademark
A court cancels a registration on the grounds in Article 21, including three continuous years of non-use, and the Registrar can remove marks that conflict with the public interest (Articles 21 and 24).
Keep dated proof of use in Iraq: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Iraq
Ask the Registrar for the register entry and check the Directorate of Trade bulletin for the advertisement, registration and renewal dates.
Sources used
- Law No. 21 of 1957 on Trademarks and Trade Names (Iraq), as amended, Arabic text on WIPO Lex (translated by us): Articles 2, 6 bis, 10, 11, 16, 18 bis, 20 to 22, 24 and 28.
- The Ministry of Industry and Minerals for regulations, fees and forms.
Iraq trademark FAQ
How long does a trademark last in Iraq, and from when?
Ten years, renewable for the same period (Article 20). The protection period is ten years (Article 20).
When should I renew a Iraqi trademark, and is there a grace period?
The renewal application is submitted during the last year, in line with the regulations, after paying the prescribed fees (Article 20(1)).
What is the opposition period in Iraq?
If the Registrar provisionally accepts a mark, it is advertised in three consecutive issues of the Directorate of Trade bulletin. An interested person can lodge a written notice of opposition within ninety days of the last advertisement. The applicant replies in writing within thirty days, or is treated as having withdrawn the application (Article 11).
How much does it cost to register a trademark in Iraq?
The official fee is set by the the Trademark Registrar at the Iraqi Ministry of Industry and Minerals and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Iraq?
Yes. A foreign company can register a mark in Iraq, normally through an Iraqi agent. We arrange this.
Can I assign a Iraqi trademark?
A mark can be transferred or licensed, and the law does not require recording a transfer or licence to prove the mark's validity against third parties (Article 18 bis). The Registrar records changes of owner, name and address (Article 28).
Can a Iraqi trademark be cancelled for non-use?
Any interested person can ask the court to cancel the registration within five years of registration, giving the facts, and at any time if the mark has become the common name, was registered by fraud or against the registration rules, or has not been used for three continuous years unless the owner proves justified reasons (Article 21).
How can I check the status of a Iraqi trademark?
Use the the Trademark Registrar at the Iraqi Ministry of Industry and Minerals register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
An applicant from a Paris Union or WTO state, or a state that gives Iraq reciprocal treatment, who files in another such state can file the same application in Iraq within six months of the first filing and enjoy priority (Article 6 bis).
How do I change the owner's name or address?
Record the change with the the Trademark Registrar at the Iraqi Ministry of Industry and Minerals so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Iraq
SUPREMEiP® files trademarks worldwide through its network and checks every Iraqi deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
