Delta Legal Consultations Co. Ltd. Iraq

Registration of trademarks in Kurdistan Region – Iraq


Posted by: Delta Legal Consultations Co. Ltd.
Practice Area: Trademark    Country: All    Publish Date: 26-Feb-2014

Registration of trademarks in Kurdistan Region – Iraq

Background

The trademark office in Kurdistan Region had been established in Sep.2009, this office Responsible for registration and protect of the trademarks inKurdistan Region area only  which consistsThree provinces (Erbil , Sulaymaniyah and Duhuk) which  is an autonomousregion of northern Iraq.

General note

  1. The trademark should not registeredand/or applied to be registered previously in Trademarks Department in Baghdad.

  2. The registered of trademarkshould be in same classes that  mentionedin original copy of certificate registration of trademark from the country oforigin.  

  3.  The period of trademark protection is10 years as from the date of filing the application, Renewable for furtherperiods.

  4. The registered of trademarks in Kurdistan Region, according tothe Iraqi Trademark Law and No. ( 21) of 1957 and amended.

  5. The registration of trademarks  in Kurdistan Region  consists three stages:

  •       Filing.

  •         Publication.

  •      Issuance the Certificate of TM registration

Requirements

  1. Power of Attorney dulylegalized up to the Iraqi Consulate.

  2. An Extract from theCommercial Register or Certificate of Incorporation, which should states thecapital of the company duly legalized up to the Iraqi Consulate.

  3. A original copy of certificateregistration of trademark  (preferably beissued from the country of origin) or from any other country, duly legalized upto the Iraqi Consulate.

  4. An undertaking from theLocal Agent of the Applicant that the trademark has not been registered and/orapplied to be registered previously in Trademarks Department in Baghdad, to benotarized by the Notary Public.

  5. Prints of the mark on aCD. 

  6. The document must be legalizedby the Ministry of Justice and Foreign Affairs Department at Kurdistan Region,by local agent

  7. The above documents must befiled along with the application; otherwise, the application will not beaccepted.

Procedure of registration

  1. Filing search applicationof trademarks ( this procedure mandatory to check if the trademark accepted ornot)  The time frame of searchapplication nearly 2- 3 work days.

  2. If the search resultrevealed the application would accept. after that it will be ready to filing .

  3. At the end of month thetrade marks office will be published the trademark, and announced monthly of itin three consecutive issues for 90 days.

  4. After the expiration of theopposition period, certificate of registration it'll issued  and in Arabic and Kurdish and accompanied byan official letter addressed  to thecustoms and other official departments.

  5. The time frame of trademarkregistration from filing  to issue thecertificate nearly 6 months.

Note

  Please be advised that it is notnecessary to file a new application if the owner has already registered themark with the Iraqi Trademark Office in Baghdad.  However, the owner should provide theTrademark Office in Kurdistan with a letter issued by the Trademark Office inBaghdad confirming that the mark has been registered and accordingly TrademarkOffice in Kurdistan will preserve their rights.

For more information contact usvia info@delta-ip.iq

 

 





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