JAH & CO. IP would like to advise its associates and clients that with immediate effect that Trademarks Registrar has issued new directives ceasing the legal extension of registered trademarks in Iraq into Kurdistan.
In the past and prior to this decision there were two options of obtaining legal protection through registration of trademarks in Kurdistan the first of which is summarized as follows:
If the trademark is already registered or accepted for registration in Iraq and the owner of the mark wish to extend its protection to Kurdistan an official letter should be issued by the Iraqi Trademarks Registrar in Baghdad and addressed to the Registrar of Trademarks in Kurdistan furnishing him with the complete details of the concerned trademark filed in Iraq with a report on its latest status whether accepted or registered in order protect the mark and accredit its registration under Kurdistan jurisdiction; such a practice is now ceased and in lieu of the same registration should be sought directly with the Kurdistan trademarks office through filing new trademark applications.
As the practice of extension registered trademark sin Iraq into Kurdistan has been ceased we are of the view that many companies and traders will resort to obtaining registration of trademarks especially the well-known trademarks in Kurdistan. Thus, we are urging our client to file their trademarks directly in Kurdistan to avoid blockage of their trademarks for third parties. In the past when the legal extension of registered trademarks in Iraq into Kurdistan was possible any party applying for the registration of trademarks in Kurdistan was requested to sign an undertaking that trademark he is filing has not been previously registered in Iraq and in case it became apparent that it is registered in Iraq he will cancel the trademark deliberately without referring the matter to the courts and shall bear all legal consequences of his act.