Trademark Registration in Iraq: Legal Framework and Practical Procedures

Trademark Registration in Iraq: Legal Framework and Practical Procedures

Introduction

The protection of trademarks represents a cornerstone of commercial and industrial activity in Iraq. As the market continues to expand and diversify, registering a trademark has become a legal and strategic necessity for any business seeking to safeguard its identity and commercial reputation. Understanding the applicable legal framework and registration procedures is therefore essential for investors, manufacturers, and service providers operating in Iraq.

1. Legal Framework

Trademark protection in Iraq is governed by Law No. (21) of 1957 (as amended) and its implementing regulations.
The competent authority responsible for registration and enforcement is the Central Organization for Standardization and Quality Control (COSQC), specifically its Trademarks Section under the Ministry of Industry and Minerals.
Iraq is also a member of the Paris Convention for the Protection of Industrial Property, which provides foreign applicants with the benefit of priority claims and reciprocal protection.

2. Competent Authority

All trademark applications, renewals, and oppositions are administered by the Trademarks Office within COSQC in Baghdad.
The Office maintains the official register of trademarks, examines new applications, and oversees publication and opposition procedures in accordance with the law.

3. Requirements for Registration

Applicants seeking to register a trademark in Iraq must provide:

• A clear representation of the trademark (word, logo, or combined mark).

• The name and address of the applicant (individual or company).

• The list of goods or services to be covered, classified according to the Nice Classification system.

• Power of Attorney legalized by the Iraqi Consulate (for foreign applicants).

• Translation into Arabic of all foreign-language documents.

• Payment of official fees as prescribed by regulation.

Trademarks that are deceptive, immoral, or contrary to public order are not registrable under Iraqi law.

4. Registration Procedure

The process of registering a trademark in Iraq generally includes the following stages:

1. Filing the Application:
   Submission to the Trademarks Office with all required documents and fees.

2. Examination:
   The Office examines the application for formal and substantive compliance, including similarity with existing trademarks.

3. Publication:
   Accepted applications are published in the Official Gazette for opposition purposes within 90 days.

4. Opposition Period:
   Any interested party may file an objection within the statutory period.

5. Registration and Certificate Issuance:
   If no opposition is filed, or if rejected, the mark is registered, and a Certificate of Registration is issued to the owner.

5. Duration and Renewal

Trademark protection in Iraq is valid for ten (10) years from the filing date and may be renewed indefinitely for successive ten-year periods upon payment of renewal fees.
A grace period of six months is allowed for late renewals with a surcharge.
Failure to renew within that period results in the lapse of the registration.

6. Foreign Trademarks and International Protection

Foreign companies may register their trademarks in Iraq either directly or through a local representative.
Documents originating outside Iraq must be notarized and legalized through the Iraqi Embassy or Consulate in the applicant’s country.
While Iraq is not yet a member of the Madrid Protocol, national registration remains the only valid means of protection within the country.

7. Legal Consequences of Infringement

Under Article (38) of the Trademarks Law, any unauthorized use, imitation, or counterfeiting of a registered mark constitutes a criminal offense.
Penalties include fines, confiscation of goods, and possible imprisonment.
Civil remedies such as injunctions and damages are also available to the rightful owner through Iraqi courts.

Conclusion

The Iraqi trademark registration system provides a structured and reliable mechanism for protecting commercial identity and ensuring fair competition in the marketplace.
For both domestic and foreign entities, the key to effective protection lies in timely registration, diligent monitoring of potential infringements, and strict compliance with renewal and procedural requirements.

Hamurabi Iraq Law Firm offers specialized legal services in trademark registration, renewal, opposition, and enforcement — providing clients with comprehensive protection of their intellectual property rights across Iraq’s evolving legal landscape.