Trademarks Law in Iraq
Trademark Law in Iraq
1. Legal Framework
Trademark protection in Iraq is governed by:
Trademark and Commercial Data Law No. 21 of 1957 (as amended by Law No. 9 of 2010)
Administered by the Trademark and Patent Directorate within the Ministry of Industry and Minerals
Iraq is a member of some international agreements:
Paris Convention for the Protection of Industrial Property
TRIPS Agreement (as an observer via WTO accession process – not a full WTO member yet)
Not a member of the Madrid Protocol, so no international applications via WIPO can designate Iraq
2. What Can Be Registered as a Trademark?
Registrable trademarks in Iraq include:
Words, names, devices, logos
Letters, numerals
Designs, shapes, colors
Seals, emblems, slogans
Packaging and three-dimensional marks
Collective marks
A trademark must be distinctive, not deceptive, and not contrary to public morals or order.
3. Trademark Registration Process
Filing Office: Trademark and Patent Directorate – Baghdad
Steps:
File Application with:
Trademark representation
Applicant’s details
List of goods/services (based on Nice Classification)
Formal and Substantive Examination
Checks for distinctiveness and conflicts
Publication in the Official Gazette
Opposition Period: 90 days for third-party opposition
Registration issued if no opposition or after resolving it
4. Duration and Renewal
A registered trademark is valid for 10 years from the filing date
Renewable for successive 10-year periods
A grace period of 6 months is allowed for late renewal (with surcharge)
5. Rights Conferred
Exclusive right to use the mark in Iraq for listed goods/services
Right to oppose and cancel conflicting marks
Right to license or assign the trademark
6. Infringement and Enforcement
Trademark infringement includes:
Unauthorized use of identical or confusingly similar marks
Counterfeit goods bearing the protected mark
Remedies include:
Civil lawsuits for damages and injunctions
Seizure and destruction of infringing goods
Criminal penalties for counterfeiting
Customs authorities can also help in enforcing trademark rights at the border.
7. International Protection
Iraq is not a member of the Madrid Protocol — international applicants must file directly with the Iraqi Trademark Office or through a local agent.
Iraq honors priority claims under the Paris Convention (within 6 months of the original filing in a member country).
Summary
| Feature | Details |
|---|---|
| Governing Law | Law No. 21 of 1957 (as amended) |
| Registration Authority | Trademark and Patent Directorate (Baghdad) |
| Protection Duration | 10 years, renewable indefinitely |
| Opposition Period | 90 days after publication |
| Madrid Protocol Member | ❌ No |
| International Treaties | Paris Convention |
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