Transliteration of Latin trademarks into Arabic no longer a must at the time of filing
The Trademark Office in Iraq announced that trademark applications may be filed in Latin script without having to submit the Arabic transliteration of the mark. This update rescinds the previous registration requirement whereby the addition of Arabic transliteration; i.e. the way the Latin word(s) is spelled out to a Latin mark was a must, which provides for the protection of the transliteration of a registered mark without having to file a separate application for same.
With the new procedure in place at the TMO, it becomes advisable to register the transliteration of the mark in Arabic as a separate registration. Another advantage of registering the Arabic transliteration of the mark is that it may mitigate issues that would arise when it comes to enforcing trademark rights against third parties using or attempting to register confusingly similar Arabic transliterations. It is worth noting that it is easier to enforce marks in the same language—Arabic, in this case. JAH always recommends that the trademark be filed exactly as it is being used or intended to be used in order to establish concurrence between actual use and registration of the trademark and as such avoiding to any possible cancellation action based on non-use. However, registering the trademark in Arabic version; i.e. the way it is spelled out is to avoid third parties registration of Latin marks in Arabic or their attempts to use the Arabic transliteration of a registered in Latin characters.
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