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Iraq Trademark Registration Costs and Procedures (2017)

Iraq Trademark Registration Costs and Registration Procedures

The legal basis of Iraq trademark is the Law on trademarks, tradenames and geographical indications. Iraq is a member of the Paris Convention. The classes of goods/services in Iraq are slightly different to the Nice Classification and include sub-classes. The charges are calculated according to the number of subclasses corresponding to the specification of goods required to be protected. Iraq adopts first-to-file basis for trademark protection. A trademark registration is valid for 10 years from the date of application and could be renewed for 10 years before the expiry date.
1. Iraq Trademark Registration Fees
 
Services
Fees (USD)
Step 1: Pre-filing Search
 
First class 180
 
Each additional class 85
(1) Pre-filing search is compulsory in Iraq.
(2) Pre-filing search is limited to the Industrial Property Department of Iraq’s database only.
(3) Pre-filing search report is delivered in 15 - 20 days by email.
(4) A separate search for each class should be filed.
Step 2: Trademark Registration Request
 
First subclass 900
 
Each additional subclass (up to the 4th subclass) 65
 
Each additional subclass (after the 4th subclass) 55
(1) Fees cover both our service fees and official filing fees.
(2) Fees for trademark registration request listed above cover no more than 20 items of products or services in each subclass. Each item in excess of 20 will be charged with an extra fee of USD10.
Step 3: Final Registration/Certificate
 
First subclass 550
 
Each additional subclass (up to the 4th subclass) 65
 
Each additional subclass (after the 4th subclass) 55
 
Note:
(1) The fixed fees quoted above apply only to trademark applications which are unopposed and proceed without complication.
(2) All fees quoted above do not include delivery, translation, legalization and local legalization fees.
(3) Fee for claiming priority is USD65.

2. Calculation of Registration Costs
 

Example 1: One mark one subclass
If you want to have your trademark "ABC" registered in Class 25a (head wear), that is, one mark one subclass, the total fees for trademark pre-filing search, registration request and certificate are:


Pre-filing search: USD180
Request for registration: USD900
Final registration/Certificate: USD550
TOTAL: USD1,630


Example 2: One mark five subclasses
If you want to have your trademark "ABC" registered in Class 25a (head wear), Class 25e (shoes and stockings), Class 26a (lace and embroidery, ribbons and braid; buttons of all descriptions; buckles, hooks and eye), Class 26b (pins and needles) and Class 27a (carpets, rugs and mats of all descriptions), that is, one mark three classes (five subclasses), the total fees for trademark pre-filing searches, registration request and certificate are:


Pre-filing searches: 180 + 85 x 2 = USD350
Request for registration: 900 + 65 x 3 + 55 = USD1,150
Final registration/Certificate: 550 + 65 x 3 + 55 = USD800
TOTAL: USD2,300


Example 3: Two marks one subclass
If you want to have your trademarks "ABC" and "DEF" registered in Class 25a (head wear), that is, two marks one subclass, the total fees for trademark pre-filing searches, registration requests and certificates are:


Pre-filing searches: 180 + 180 = USD360
Request for registrations: 900 + 900 = USD1,800
Final registrations/Certificates: 550 + 550 = USD1,100
TOTAL: USD3,260


The costs illustrated in the examples above are based on the assumption of a smooth application, that is, no objection being raised by the Industrial Property Department of Iraq or any other third party. Also, the costs stated above exclude translation, legalization of the Power of Attorney (POA) up to the Ministry of Foreign Affairs, local legalization fee of the POA up to the Tax Office, courier charges for sending the POA and delivery of Certificate of Registration upon acceptance of registration.


It is further assumed that the number of items of products included in each subclass is no more than 20. Each additional item after the first 20 is charged at a fee of USD10.

3. Materials Required for Filing of Trademark Application in Iraq
 
(1) A POA (to be provided by Kaizen) signed by the applicant and legalized up to the Consulate of Iraq in applicant’s country.
(2) A duly completed trademark search/registration order form (to be provided by Kaizen).
(3) A soft copy of the trademark in JPEG format.
(4) A copy of identity proof of the applicant (passport for individuals and Business Registration Certificate/Certificate of Incorporation for companies).
(5) A certified copy of priority document when priority is claimed (extra charge will be charged for filing priority claim documents).

4. Iraq Trademark Application Procedures
 
(1) Kaizen acknowledges the information including the specimens of mark, its goods/services and registration details, then provides the latest quotation, preliminary advice and classifies your goods/services;
(2) After the quotation has been confirmed, client will be required to complete our Trademark Search/ Registration Order Form and send it back to Kaizen by email, fax or post;
(3) Once receipt of the payment for pre-filing search, Kaizen will conduct the pre-filing search (if requested). The search report will be sent to client within 15 - 20 days (based on the duration of the official search);
(4) Client could refer to our analysis and suggestion in the search report and decide whether to file the application. Kaizen will file trademark application to the Industrial Property Department of Iraq upon receipt of your payment and instruction;
(5) The Industrial Property Department of Iraq will conduct a search of the trademarks records to see if the same or similar trademark has already been registered or been applied for by another trader in the same or similar class. They will also see if the trademark satisfies the registration requirements laid down in the Law on trademarks, tradenames and geographical indications. If the requirements for registration are not met, the Examiner will object to the mark;
(6) Once your trademark has been accepted for registration, it will be published on the official gazette;
(7) If no objection by a third party, a registration certificate will be issued by the Industrial Property Department of Iraq. We will review and send the certificate to you.

5. Time scale
  Currently it takes around 18 - 24 months to get a trademark registered in Iraq in a smooth case.

6. Payment Term and Payment Method
 

Our fees for each stage of an application are to be invoiced and settled before the commencement of each stage of service. If a China or Taiwan Value-Added Tax invoice is required, 7% or 5% additional charge will be incurred.


We currently accept cheque, cash, TT and credit card through Paypal (5% additional charge will incur for paypal). Please click here for payment methods.



7. Refund Policy
 

No refund of fees will be made after the commencement of services. For example, if we have conducted a pre-filing search and found an identical mark is already in the register, the application will not be proceeded, the fees for pre-filing search will not be refunded. If we have already filed an application and the application is objected by the Industrial Property Department of Iraq or any other party or refused, there will not be any refunded of fees.


In case you have paid our fees for all three stages of an application and the search result indicates that an identical mark is already in the register, the application will not be proceeded. The fees for services not performed, i.e., filing for application and issuing of certificate of registration will be refunded, after deducting bank wiring charge.


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