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Amendments to Trademark Laws

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Mrz 16, 2016 (Newsletter Issue 5/16)
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Practice Change on Search Requirements and More

The Iraqi Trademark Authorities have stipulated new directives which came into effect as of March 3, 2016.

Major changes are:
- Obligatory search before trademark registration has now been adopted with each class of goods or services to be searched separately with official request. The Official Search Fees for each class of goods have been reported to be 20,000 Iraqi Dinar (+/- 19 USD). The authorities confirm that the time frame to conduct the official search will be 10 working days.
- Depending upon the official search report, the trademark can be progressed to registration or a negative report can be challenged at the court of law.
- The Iraqi Trademark Office has discontinued the practice of insisting on Arabic transliteration to be included in the logo of the marks which is in non Arabic languages.
- The Registrar will continue accepting the new applications without the power of attorney while the same can be filed belatedly within non-extendable six months from the filing date at no extra fees.
- For recordal of assignment, change of name/address, mergers and license; all requisite documents are to be submitted in the original at the time of filing. Before, the original documents could be filed at a later stage after filing.

These new directives are expected to expedite the prolonged delays faced by the Iraqi Trademark Office in which the registration was taking approx. 2 to 3 years.

The official circular is to be published soon.

Source: JAH & Co. IP, Qatar