JAH & Co. IP would like to keep all its readers abreast of the recent changes in the jurisdiction of Kurdistan:
News has it that there has been an increase in Official fees for all trademark related matters in this jurisdiction which will be applied retroactively. However, the trademark office is still not accepting fresh applications as they are trying to clear the back log of the processed applications. For applicants who have already completed the clearance search (with free search reports), will have to filed their applications paying the new fees; likewise, applicants whose trademarks have survived the opposition period will have to pay the registration fees as per the new tariffs.
As a background on the trademark registration procedure in this jurisdiction; the applicable law for trademarks registration in Kurdistan Region is the Iraqi Law No. 21 of 1957, and further, the applicable Classification is the International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement, which is the same Law and Classification adopted by the Iraqi Trademarks Office in Baghdad – Iraq. The application undergoes a compulsory pre-filing search and, upon receiving a free report, the trademark application can progress to filing in which the Filing and Publication fees will have to be paid together while the registration fees can be settled as soon as the opposition period of 90 days is concluded.
As an alternative action to direct trademark registration with The Kurd Trademarks Office, the old practice pertaining to the extension of trademark protection has been reactivated. In other words, it is now possible to extend the protected of a trademark registered in Baghdad to cover Kurdistan as well; a procedure is as effective as direct trademark registration with Trademark Office in Kurdistan. If the trademark is already registered in Iraq and the owner of the mark wishes to extend its protection to Kurdistan, an official letter should be issued by the Iraqi Trademarks Registrar in Baghdad with a certified copy of the registration certificate of the mark and addressed to the Registrar of Trademarks in Kurdistan furnishing them with the complete details of the concerned trademark along with a report on its latest particulars in order protect the mark and accredit its registration under Kurdistan jurisdiction so that no subsequent closely similar or identical trademarks will be accepted for registration for a third party. A legalized power of attorney should be submitted with the official letter by the Iraqi Trademarks Registrar.
We shall update you with our next news alert as and when the trademark office starts accepting new applications.
In separate news, please note that the patent and design charges in Iraq have been increased with immediate effect.
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