The Legal Scope of Trademark Protection in Iraq

The Legal Scope of Trademark Protection in Iraq

I. Governing Legislative Framework

Trademark protection in Iraq is governed by a composite legislative system consisting of:

• The Trademarks and Commercial Data Law No. (21) of 1957;

• Coalition Provisional Authority Order No. (80) of 2004, to the extent that its provisions have not been expressly repealed;

• Amendment Law No. (9) of 2010, which restored the original title of the law and repealed selected provisions of CPA Order No. (80).

This framework constitutes the legal basis for trademark rights and enforcement in Iraq.

II. Territorial Scope of Protection

As a general rule, trademark protection under Iraqi law is strictly territorial, producing legal effects only within the borders of the Republic of Iraq.

Trademarks are recorded in the official register maintained by the Ministry of Industry and Minerals, which constitutes the authoritative reference for determining the territorial scope of protection.

Protection does not automatically extend beyond Iraq, except within the limits recognized by:

• Priority rules under applicable statutory provisions, or

• The special protection accorded to well-known trademarks.

III. Substantive Scope of Protection (What Is Protected?)

1. Types of Protected Marks

Following the 2004 amendments, Iraqi law recognizes a broad range of protected marks, including:

• Trademarks

• Service marks

• Collective marks

• Certification marks

• Geographical indications

All such marks, once duly registered, enjoy the same level of legal protection.

2. Goods and Services Covered

Trademark protection does not attach to a mark as an abstract symbol, but rather within the scope of the goods or services for which it is registered.

The Iraqi legislator adopted a modern approach by expressly providing that:

• Classification of goods or services within the same Nice class does not necessarily imply similarity;

• Conversely, classification in different Nice classes does not necessarily negate similarity.

Accordingly, the scope of protection is determined by commercial reality and the likelihood of confusion, rather than by formal classification alone.

IV. Legal Rights Conferred Upon the Trademark Owner

1. Presumption of Ownership and Stability of Rights

A registered trademark is deemed the exclusive property of the registrant.
No challenge to ownership may be raised where the mark has been continuously used for five consecutive years from the date of completion of registration, unless statutory grounds for invalidation apply.

2. Exclusive Right to Prohibit Use

The law grants the trademark owner an exclusive right to prevent any unauthorized use of:

• Identical or similar signs

• In relation to identical or similar goods or services

Where such use is likely to cause confusion among consumers.

Likelihood of confusion is legally presumed where identical signs are used for identical goods or services.

V. Temporal Scope of Protection

Trademark protection is granted for a period of ten years, renewable for successive periods of the same duration.

Timely renewal is an essential condition for the continuation of protection, as failure to renew results in removal of the mark from the register and the extinction of its legal effects.

VI. Limitations and Loss of Protection

Iraqi law establishes clear limits to trademark protection, including:

• Invalid registration in violation of the law;

• Transformation of the mark into a generic term;

• Non-use of the mark for three consecutive years without legitimate justification;

• Use of the mark in a misleading or deceptive manner.

These limitations reflect a legislative balance between the rights of trademark owners and the interests of the market and consumers.

VII. Protection of Well-Known Trademarks

Iraqi law expressly provides protection for well-known trademarks, even where such marks are not registered in Iraq, provided that the use of an identical or similar mark:

• Suggests a connection with the owner of the well-known mark; and

• Is likely to harm the legitimate interests of that owner.

This represents a notable exception to the strict territoriality principle.

VIII. Scope of Protection in Terms of Enforcement

Trademark protection under Iraqi law extends beyond theoretical recognition and includes:

• Criminal sanctions (imprisonment, fines, confiscation);

• Provisional and precautionary measures (seizure, injunctions, destruction);

• Civil compensation for damages;

• The possibility of urgent interim measures prior to initiating legal proceedings in cases of imminent harm.

Together, these mechanisms form a comprehensive enforcement regime.

The legal scope of trademark protection in Iraq is multi-dimensional, encompassing:

• Territorial scope

• Substantive scope

• Temporal scope

• Rights-based scope

Following legislative amendments, the Iraqi trademark system demonstrates a significant degree of alignment with international standards, while preserving features tailored to Iraq’s legal, commercial, and economic environment.