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09

JUL

2021

Jurisdictional Update for Iraq(Kurdistan) and Gaza

Iraq & Kurdistan

Please be reminded that Iraq (Baghdad Registry) and Kurdistan (Erbil Registry) are independent trademark jurisdictions and separate registrations have to be sought to protect your trademark rights across the entire country since 2015.

Contrary to the ambiguity raised in recent days due certain conflicting notifications, the extension procedure of legal protection of registered trademarks in Baghdad to Kurdistan is still valid. To elaborate, if a trademark has been already registered in Iraq and the trademark registrant wishes to extend its legal protection to Kurdistan an application for extension of legal protection should be submitted to the Kurdish Trademarks Registrar with an official letter by the Iraqi Trademarks Registrar in Baghdad addressed to the Kurdish Trademarks Registrar furnishing him with the complete details of the concerned trademark registered in Iraq with an official report on its latest status to be delivered by hand to Kurdistan regional representative in Baghdad as registered and a certified copy of the registration certificate of the trademark 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 and as such enjoying a legal protection in Kurdistan region. In case of existence of a closely similar or identical trademark for a third party filed in Kurdistan subsequent to the filing of the trademark in Iraq the applicant should firstly apply for its cancellation with the Kurdish Trademarks Registrar and in case of refusal of applicant request for cancellation the applicant should lodge a cancellation case with the competent court.

Lastly, in case client has previously filed trademarks in Iraq (Baghdad) and lodged a legalized power of attorney in support therewith or intends to file trademarks in Baghdad-Iraq simultaneously with filing in Kurdistan one legalized power of attorney can be used for Baghdad-Iraq and Kurdistan on submission of a certified copy of POA to Kurdistan Trademarks Registrar; while original is lodged with Baghdad Trademarks Registry.

GAZA

In line to the Cabinet Minsters decision as issued to the trademark authorities in Gaza, it has been stipulated (official notification) that the official publication fees for all post registration actions including the change of agent name and address for service should be collected at the time of submitting the applications for such actions. In the past, the TM Office is Gaza was collecting the official publications fees for renewal, assignment, merger change of name and/or address procedures excluding the change of name and address of agent for service which was only subject to the payment of the official fees for the application, but as of 5 July 2021 it has become mandatory to settle the official publication fees for the change of name of agent and address for service noting that such an action is mandatory for post registration actions (renewal, assignment, merger and change of name and address).

Should you need any information or clarification of the above, please do not hesitate to contact us at info@jahcoip.com.

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