Key points for trademark registration in Iraq

Submitted by song on Tue, 04/15/2025 - 21:56

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页之码IP

In today's globalized world, it has become a trend for companies to register trademarks in different countries to obtain broad protection. For companies interested in expanding their business in Iraq, it is particularly important to understand Iraq's unique trademark registration structure. Iraq's trademark protection system is divided into two independent jurisdictions: Baghdad and Erbil (Kurdistan). This means that if a company wants to obtain trademark protection throughout Iraq, it must apply in both regions, with Erbil being the de facto capital of the autonomous region of Kurdistan. In order to ensure comprehensive protection of your trademark, we recommend filing trademark applications in both jurisdictions.

Trademark application requirements in Baghdad

Baghdad will adopt the 11th edition of the International Classification of Goods and Services starting from January 2025. The cost of trademark registration depends on the number of goods or services covered in the application.

Required documents:

A notarized power of attorney is required and authenticated at the Iraqi Consulate. If there is no Iraqi Consulate in the applicant’s country, the Qatari Consulate can be chosen to authenticate it. The power of attorney can also be authenticated locally at the Central Bank of Iraq, the Director General of Taxation, and the Ministry of Foreign Affairs, and must be completed within one year from the date of issuance, otherwise it will not be accepted by the Trademark Registry.
A household registration certificate or similar certificate is not required but will help speed up the application process.
The class numbers and specifications of the goods or services covered by the application must comply with the latest version of the International Classification.
If priority is claimed, a simple copy of the priority document without authentication or legalization may be provided.
Before formal registration, a mandatory trademark search is required for each category of goods or services.
Applicants can submit trademark applications without POA certification and obtain application numbers and dates. They can submit a certified power of attorney within 6 months from the date of application. If the application is not submitted, the Baghdad Trademark Registry will issue a notice requiring the submission of the required documents within 7 days, otherwise the application will be deemed abandoned and revoked.
If the applicant has already filed a trademark application in Kurdistan, or plans to file in Baghdad and Kurdistan simultaneously, only one certified copy of the POA is required. The official fee for submitting a certified copy of the POA to the Kurdistan Trademark Registry is $100, while the original copy is submitted to the Baghdad Trademark Registry.
The formal requirements for trademarks for Class 5 goods have been updated. You need to submit an electronic version or original of the uncertified domestic or foreign registration certificate, which can also be submitted later within 6 months from the date of trademark application. All documents must be certified by a local certification agency in Iraq within one year of certification abroad, otherwise you need to reapply for a POA.

Average registration time:

Under normal circumstances, if there is no objection during the trademark application and registration process, the average registration time is 12-14 months.

Trademark Filing Requirements in Kurdistan

Registering a trademark in the Kurdistan Region of Iraq requires special attention to its unique system, including a multi-class and sub-class system.

Required documents:

The cost of trademark registration in Kurdistan depends on the number of subclasses covered in the application.

Specific requirements for trademark registration:

Power of attorney certified by the Iraqi Consulate: It must be certified locally in Kurdistan within one year after being certified abroad, including the General Taxation Department of the Ministry of Justice and the Ministry of Foreign Affairs and the Central Bank of Iraq. If it is not certified on time, a new POA will be required. Since the official search results are valid for 90 days, it is recommended to execute the POA during the trademark search so that the application can be submitted within 90 days from the date of the results.
Provide a certified copy of the domestic/foreign registration certificate for the same class of trademark, even if the goods/services description is different; or, if there is no such certificate, provide proof that the applicant has a manufacturing plant in the home country, or a statement that the plant allows the applicant to use the trademark. The above documents should be authenticated by the Iraqi Consulate and legalized locally in Kurdistan, and accompanied by an Arabic translation stamped by the Iraqi Translators Association. (Not applicable to individual applicants, or trademark applications limited to service categories)
If the applicant has already registered a trademark in the same category in Baghdad, even if the description of goods/services is different, a simple copy can be submitted to the Kurdistan Trademark Office after paying an additional fee.
In case of claiming priority, a certified copy of the priority document must be submitted within 6 months of filing the application.

Other notes:

The original authorization letter is valid for 15 years. Although the Trademark Registry does not have a strict 15-year validity requirement, it must comply with local certification requirements when submitted, otherwise a new application must be made.
Documents must be submitted before the end of the 90th day of the opposition period or within an unlimited time after that. If they are not submitted before then, the registration certificate will not be issued.
A statement confirming that the trademark is not registered in the Iraqi Trademark Registry must be notarized by a local agent in front of a Kurdistan notary (this is a formality and has no practical impact on the registration of a trademark in Kurdistan). If the trademark is registered in Baghdad, the Kurdistan trademark may face opposition requests or cancellation during the opposition period or upon the request of the Baghdad applicant. The Kurdistan Trademark Registry will usually refer such issues to the courts to determine the legal ownership of the trademark.
If you have already registered a trademark in Baghdad and submitted a certified Power of Attorney, or plan to register in both Kurdistan and Baghdad, you only need a certified Power of Attorney, with an official fee of US$100, to submit a certified copy of the POA to the Kurdistan Trademark Registry and the original to the Baghdad Trademark Registry.

Average registration time: