We are pleased to inform you that after a prolonged delay, the Kurd Trademark Directorate has recommenced accepting of new trademark applications as of today. Please note that towards the end of 2016 the trademark office had suspended all its operations and also updated the official fees for various services thereafter.
Please note that the requirements to file trademarks under this jurisdiction along with the detailed information are as follows:
7th edition — multiclass application with local sub-classification. Multi-class and sub-classes systems are applied at the Kurdistan Trademarks Office and the total costs for registration of a trademark depend on the number of sub-classes covered by the application. International classes of the goods and services to be covered by the application are divided into subclasses which is similar to the International Classification.
When filing a new trademark application it is obligatory to combine the same with a request for an obligatory search of the trademark as to prior rights and distinctiveness. In case the Trademarks Registrar refuses the application for registration due to the presence of a prior right or non-distinctiveness he will call for the withdrawal of the application and will not accept the payment of the official fees for filing of same. It is obligatory to conduct a prior search before placing a new trademark application on the records of the Kurdish Trademarks Register or coupled with the application for registration of the trademark which will be treated as a substantive and formal examination report to the trademark once filed and abased thereon the application will proceed towards publication and registration or otherwise refused. The official search results will remain in force for three months after the release of the search reports within which the application can be filed based on the search results as an official and substantive examination. For conducting an official search the list of goods/services or the sub-classes from the Iraqi Classification should be provided, noting that all the sub-classes included in the search must be filed with the application.
- A power of attorney legalized up to an Iraqi consulate abroad, which requires local legalization by Ministries of Justice and Foreign Affairs in Kurdistan.
- An extract from the commercial register or certificate of incorporation of the applicant company, legalized up to an Iraqi consulate abroad, which requires local legalization by Ministries of Justice and Foreign Affairs in Kurdistan.
- A certified copy of the home registration certificate of the trademark or in its absence a certificate proving that the applicant has a factory in the home country and in its absence a certificate from the factory from which the good is making in favor of the applicant; any of the aforesaid documents should be legalized up to an Iraqi consulate abroad, which requires local legalization by Ministries of Justice and Foreign Affairs in Kurdistan.
An application for registration of a trademark can be filed with a simple copy of the legalized power of attorney, whilst the original legalized power of attorney and other supporting documents should be submitted before the expiry of the three months opposition term. An extension of one month can be requested which might encounter an approval or refusal.
Requirement 2 is not applicable if the applicant is an individual.
If the trademark is already registered or accepted for registration in Iraq and the owner of the trademark wishes to extend its legal 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 trademark and addressed to the Registrar of Trademarks in Kurdistan furnishing him with the complete details of the concerned trademark registered in Iraq with a report on its latest as registered or accepted in order protect the same 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.
Requirements for recordal of trademark registered or accepted into Kurdistan:
- A legalized power of attorney should be submitted with the official letter by the Iraqi Trademarks Registrar.
- A letter issued by the Trademark Office in Baghdad confirming that the trademark has been registered or at least accepted.
- A certified copy of the Iraqi certificate of registration.
- Registration of trademarks in Kurdistan alone will not give protection to the trademark in Bagdad, Iraq where a separate registration should be sought therein directly.
- As for the trademark search, it takes approximately 7 to 10 working days to be completed.
- It takes approximately 5 – 7 months for a trademark to be registered.
- When filing a new trademark application at the Kurdish Trademarks Office, the applicant or his agent should submit a pledge in the effect that the trademark has not been previously registered in Baghdad- Iraq and in case it is confirmed that the same trademark was registered earlier for a third party in Baghdad – Iraq and not for the same applicant, the Trademarks Registrar in Kurdistan will cancel the trademark automatically without referring to the competent civil court.
Please let me know if you require anything further. We look forward to being of assistance to you and your clients.