Law number 39 issued in 1931aimed to protect the rights of businessmen and companies. The continuous economic and commercial development and the growth in imports and the huge amount of foreign goods that entered Iraq yielded to the cancellation of the original law and the issuance of la number 21, in 1957. The entity responsible for the implementation of the new law was the ministry of economy because the decisions about commercial appeals and complains had a legal nature.
The last amendment to Law number 21 was order number 80 issued in 2004, when the Ministry of Industry and Minerals became responsible of following up all trade marks issues.
A Trade Mark is the mark that characterizes and distinguishes the goods produced by a specific company, businessman from the products of other company or businessman. Clients recognize the company's products by the Trade Mark. It plays a vital role in Marketing and publicity, and helps build the reputation of the company, controls the market and generates income. It encourages investors to invest in the company. Trade Marks include: Service Mark, Guarantee Mark, Geographic Indicators, and the overall Mark.
TRADE MARK APPLICATION PROCESS
Inspection Stage
A team of experts reviews the application form, investigates the Trade Mark to be registered based on the available categories, and gives comments/recommendations to the Registrar.
Publication Stage
After receiving information on the uniqueness of the trade mark, and the Registrar's approval, the trade mark will be published, for the review of registration agencies, in the list of trade marks. The trade mark is published for 3 months.
Submission of the registration certificate
After the expiration of the publication duration, and if there is no objection received, the registration certificate will be issued.
Renewal Stage
The owner of the trade mark, or his legal designee applies for renewal, the trade mark will be renewed for 10 years starting from the expiration day. A renewal certificate will be issued.
Registration Stage
A renewal certificate is to be issued in one month's time from the expiration date.
Rejection of the trade mark
If there is a similar trade mark for the same and main type, the new trade mark will be rejected. The requestor will be notified by a formal rejection order. Appeals are accepted within 30 days from the notification order issuance date.
Transformation of ownership
Transformation of ownership is done upon receiving a request from the Registration agent and based on the ownership completed document (with all required approvals).
Until February, 9, 2010 trade marks number is (55905) following 2003 events (11905) applications for trade marks were presented.
Confirmation documents:
1. within the next period ignored identity trade marks and burnt files through 2003 will be tackled in a special paragraph through the formal enter net web-site in order to be acquainted with and to provide us with the relevant document.
2. The new unified duties schedule for the trade marks will be adopted once published in Iraqi Gazette.
The section web site : http://www.iq-tmo.com
E-mail : info@iq-tmo.com
