Requirements

Gaza Design FAQ

Is the country part of Locarno agreement?   No
Is the country part of Hague agreement?   No
Is it better to register a 3D Design or an industrial design?   There is no possibility of filing a 3D mark
Is any translation required?   Yes to Arabic
For how long is an Industrial Design protected?   15 years
Are there any annuity fees to pay?   Yes every 5 years

Gaza Design Process

One application can cover only one design.
The process from filing to issuance of certificate is for a period of 7 to 12 months.
No annuities 
The design registration is valid for 15 years, and protection is granted for the first 5 years renewable for 2 similar terms.
Renewal is allowed twice for 5 years each time.

Gaza Design Requirements

Summarized description of the design.
Applicant info (name and address).
Power of attorney (POA): Original should be notarized and legalized.
Deed of assignment if the applicant is not the designer.
Along with a copy of the passport
A certified copy of the commercial certificate document is required.

Gaza Patents FAQ

Is the country part of PCT?   No 
Is any translation required?   yes 
Is there collaboration between all Arab Countries? (Is there any convention that provides protection for patent in more than one Jurisdiction?)   Yes. The GCC, and west bank and Gaza  are not part of it
For how long is a Patent protected?   20 years 
What is the duration of examination?   2 to 3 years 
Are there any annuity fees to pay? If yes, when are the annuities due for payment?   yes 
Can I obtain a patent on a software-related invention?   no 
Is it possible to obtain extension of the term of protection in the country?   no 
Are there examination procedures in this country?    yes 

Iraq Design FAQ

Is the country part of Locarno agreement?   No
Is the country part of Hague agreement?   No
Is it better to register a 3D Design or an industrial design?   There is no possibility of filing a 3D mark
Is any translation required?   Yes to Arabic
For how long is an Industrial Design protected?   7 gregorian years
Are there any annuity fees to pay?   Yes annually

Iraq Design Process

One application can cover only one design. 
The process from filing to issuance of certificate is for a period of 3 to 4 years. 
Annuities are settled annualy
The design registration is valid for 7 years. 
No renewal.

Iraq Design Requirements

Summarized description of the design.
Applicant info (name and address).
Power of attorney (POA): Original should be notarized and legalized.
Deed of assignment if the applicant is not the designer.
A certified copy of the priority document in case claimed.
A certified copy of the commercial certificate document is not required.
Six pictures of the six angles of the industrial design (from top and bottom and sides, forward):
Two miniature models of the design.

Iraq Trademarks FAQ

Q: Which law does the country implement relating to trademarks?

A: Trademark Law No. 21 of 1957

Q: Is the country part of Paris Convention?    

A: Yes

Q: Is the country part of the Madrid Protocol?   

A: No

Q: Is the country part of the Madrid Agreement?   

A: No       

Q: Is the country part of the TRIPS Agreement?   

A: No

Q: Is Apostil Acceptable?

A: No

Q: Which classification of goods/services does the country adopt?    

A: 7th Edition with limitations on many products and services – refer to requirements section for local classification of goods and services available locally.

Q: Are there any restrictions or limitations on the list of goods?

A: Yes, the below goods and services cannot be registered:

  • Pork and related products
  • Alcoholic beverages and related products
  • Bar and night club services

Q: Can I register a trademark on class header?

A: No

Q: Are there any restrictions on the use of the ® and TM symbols?  

A: ® and TM symbols may not be a part of the trademark while filing it, but can be used along with a registered trademark

Q: Can priority be claimed?  

A: Yes

Q: Can colors be claimed?

A: A colored mark is protected on its colors.

Q: Can you file a disclaimer in the filing application?

A: Yes

Q: Can you conduct a search by applicant name?

A: No

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: If we register in one GCC country does it mean we are protected in the country?   

A: No, there is no cooperation treaty for trademarks in the GCC.

Q: Is there a requirement of use of mark to maintain the trademark registration throughout the entire valid protection period or to renew the mark?

A: Yes, but the TMO does not request any proof of use. However any interested third party can file a cancellation action against your trademark registration if the mark was not used for 2 consecutive years.

Q: If the applicant failed to renew the mark, can any third party re-register the same mark?

A: A mark, which is not renewed, cannot be re-registered in favor of third parties in respect of identical or similar goods or services before the lapse of one year from the date of non-renewal.

Q: Can the applicant withdraw the trademark application at any time?

A: Yes

Q: Can you assign or amend details of a trademark that is under process?  

A: No, any assignment or amendment should be done after the registration of the trademark is completed.

Q: Do you have to include a consideration on the assignment document?

A: Yes

Q: Are there any specific custom procedures in the country?   

A: Yes

Iraq Trademarks Process

Trademark Registration: 

  • The registration process takes 24-36 months to be completed.
  • A trademark application should undergo preliminary examination prior to filing the application:
    • A separate examination application should be filed for each class.
    • The preliminary examination takes 6-12 months for the TMO to issue a decision to either:
      • Accept the application, you have 30 days from the official notification date to proceed with settling the filing fees to acquire a filing number and date. It is worth mentioning that a single filing application may include multiple classes and subclasses.
      • Conditionally accept the application, you may comply with the said conditions or appeal the decision within a period of 30 days from the official notification date, however you have to proceed with settling the filing fees first to acquire a filing number and date for the trademark application, then comply with the said conditions or file an appeal before court.
      • Reject the application, you have 30 days from the official notification date to proceed with settling the filing fees first to acquire a filing number and date, then appeal the decision before court.
    • Failing to settle the filing fees within 30 days from the official notification date renders the preliminary examination application withdrawn and the said application should be re-filed.
  • When the filing application is accepted, the publication receipt will be issued with 3-4 months.
  • Any interested third party can oppose the publication of the trademark application within 90 days from the date of publication in the official gazette. The applicant has 30 days from date of official notification to file a reply to the opposition, otherwise the application will be considered withdrawn.
  • The certificate of registration will be issued within 10-12 months from the date of settlement of registration fees.
  • The trademark's registration is valid for 10 Gregorian years, starting from the filing date, and renewable for similar consecutive periods.

Trademark Renewal: 

  • The renewal process takes 6-12 months to be completed.
  • A single filing application may include multiple classes and subclasses.
  • The renewal application should be filed within the year prior to the expiry of the valid protection period.
  • A 6 months grace period is granted for filing late renewal, subject to late penalty fees.
  • After recording the renewal in the TMO database, you may proceed with settling the publication fees to publish the renewal in the official gazette and the renewal certificate will be issued within few months.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.
  • The trademark renewal is valid for another 10 Gregorian consecutive years starting from the expiry of the previous protection period.

Trademark Change of Name and/or Address: 

  • The recordal of change process takes 6-12 months to be completed.
  • A separate application should be filed for each trademark.
  • A change of agent should be filed and published in the official gazette in order to ensure formality requirements are met.
  • The publication and change fees should be settled upon filing the change application, and the certificate of change will be issued within few months.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.

Trademark Assignment: 

  • The recordal of the assignment takes 6-12 month to be completed.
  • A separate application should be filed for each trademark. 
  • A change of agent should be filed and published in the official gazette in order to ensure formality requirements are met. 
  • The publication and assignment fees should be settled upon filing the assignment application, and the certificate of assignment will be issued within few months.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.

Iraq Trademarks Requirements

Trademark Registration:

  • Copy of the mark.
  • Applicant info (name, address, and nationality).
  • A list of the classes and subclasses to be covered by the application (Classes) - refer to requirements section for local classification of goods and services available locally.
  • Power of Attorney (POA): Original should be notarized and legalized at the Iraqi embassy. POA is then locally legalized in Iraq and must be submitted upon filing.
  • A copy of the POA signatory full passport (colored and including all pages).
  • A certified copy of the priority document in case claimed should be provided at filing.

Trademark Renewal:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Power of Attorney (POA): Original should be notarized and legalized at the Iraqi embassy. POA is then locally legalized in Iraq and must be submitted upon filing.
  • A copy of the POA signatory full passport (colored and including all pages).
  • A simple copy of the trademark registration certificate.

Trademark - Change of Name and/or Address:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Details of the change specifications. 
  • A document proving the change of name and/or address translated and legalized at the Iraqi embassy.
  • Power of Attorney (POA): Original should be notarized and legalized at the Iraqi embassy. POA is then locally legalized in Iraq and must be submitted upon filing.
  • A copy of the POA signatory full passport (colored and including all pages).
  • A simple copy of the trademark registration certificate.

Trademark Assignment:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Details of the assignment specifications. 
  • An assignment document translated to Arabic and legalized at the Iraqi embassy submitted at filing. 
  • Power of Attorney (POA): Original should be notarized and legalized at the Iraqi embassy. POA is then locally legalized in Iraq and must be submitted upon filing.
  • A copy of the POA signatory full passport (colored and including all pages).
  • A simple copy of the trademark registration certificate.

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