The Iraqi Trademark Office suspended all pending applications with filing numbers ranging between 50,000 and 72,000, due to the huge backlog of work at the TMO. Applicants must re-file their applications at the TMO, but will still benefit from prior rights. This news follows the introduction of a new procedure at the TMO for the renewal of trademarks, and for the recordal of assignment, merger, change of name, as well as change of address, which entails the publication of notices in the Official Gazette. An additional fee for publication is associated with this revised practice. Source: SABA IP
On October 30, 2017, the Iraqi Trademark Office issued new directives which have brought into force the stipulations of article No. 15 of Iraqi Trademark Law No. 26 of 1957 pertaining to the publication of renewals, recordals of change of name & address, merger, assignment, etc. in the Official Gazette. According to the notified decision, an official fee of IQD 200000 (equivalent to USD $169.49) will be incurred for the above-mentioned actions and will be applied to newly filed applications and retroactively for pending applications which have not yet been issued with their certificates. The new fees entered into force as of November 1, 2017. Source: AGIP.com
The Trademark Office in Iraq recently announced that a legalized copy of the home registration certificate must be submitted in support of trademark applications in Class 5 at the time of filing. Marks that are identical to the name of the applicant are exempt from this requirement. Under the previous requirements, applicants were asked to provide the following information when filing a trademark application in class 5: (1) international non-proprietary name; (2) name of manufacturer;(3) name of distributor; and (4) product label. All of these previous requirements have now been dropped. Filing requirements for Class 5 include: POA (legalized); copy of priority document, if priority is claimed, certified; copy of home registration certificate, legalized. Source: sabaip.com
The Iraq trademark office now requires that a trademark clearance search be completed prior to submitting a trademark application. It is expected that this new requirement will reduce the backlog of work the TMO is experiencing. If the proposed trademark is found to be available following the clearance search, the application will then follow the standard registration procedure. This revised practice will not apply to Paris convention applications in order to safeguard the priority period. All documents related to the assignment of the mark, must be submitted at original time of filing- not at a later stage. New applications may be filed without a Power of Attorney, but the POA must be filed within six months of filing date. An Arabic transliteration is no longer required to be included in the logo of those trademarks which are not in the Arabian language.