Trademarks in Iraq
According to the economical and commercial developments happened in Iraq since the establishment of the National Government in Iraq , and based on the extension of the import extent of goods and commercial products for different parts of the world and for the desire of a lot of the establishments & commercial companies & businessmen to work in Iraq and invest their capitals and to protect the producers rights and goods owners of the Iraqis and to prevent the competition between it and the foreign goods and products and to preserve the trade marks owners rights as Iraq is the first of the Arabic and Middle East countries in organizing the administrative and commercial affairs ,so the authorized of the commercial and economical affairs believed that the producer rights of the merchants , companies and businessmen should be organized in rules and conditions to secure the commonweal and the aimed benefits for the merchants
and those of commercial works so the distinguished marks law no. 39 for 1931 was legislated and because of the economical and commercial development continuity and the import rage extension and the different foreign goods entry the Iraqi Markets .So the mentioned law became insufficient and the developments happened in the foreign legislations so the mentioned law was cancelled by the trademarks law no. 21 for 1957 in act and the Ministry of Economy was assigned to carry out its terms at that time. Because the decisions issued about the disputes happens between the marks owners has a judiciary character wherein it is appealed at the Cassation Court .It should be mentioned that many amendments issued for the mentioned law and the last one is the amendment of the Civil Governor by the decision no. 80 for 2004 as it returned the law to the authority of the Ministry of Industry and Minerals.
The Mark:
It includes trademarks, service marks, collective marks and security marks
Trademark:
Any sign or group of signs may form a trademark by which could be distinguished between the goods of a project and the goods of other projects. Like the signs especially the words included the personal names, letters, and numbers symbolic shapes colors and also any mixture of these signs could be registered as a trademark. If the signs themselves are unable to distinguish the goods or the services, the possibility of the registration depends on the distinguished feature acquired by the use. It is not stipulated for the sign to be recognized by sight to be valid for protection as a trademark
Service Mark:
Any sign or group of signs used by the individual to define and distinguish the services of an individual included the unique services off the others in order to indicate the services origin even it is unknown.
The titles, the individual names and the distinguished items of Broadcast & Television programs , could be registered as service marks even though these programs were advertising of the financier goods and be protect able as a service mark, single sale signs , whether it was to sell the service provider goods or owned by the others or for both of them .
Security Mark:
Any sign or group of the signs used by its unreal owner individual to show the regional origin or any other origin or the material or the manufacturing style, the goodness, accuracy or any other properties for the goods or services of this individual or that the goods manufacturing or service presentation were accomplished by the union members or other organization and the security sign includes the geographical indications
The Geographical Indications
They are indications that define the goods origin in a state region or territory or a place in that region when the quality or the reputation or other properties of the goods is referred basically to its geographical origin.
The Collective Mark:
It is a trademark or service sign used by the members of a cooperative society or a group or cooperative organization contains signs indicated to the membership in a union or syndicate or any other organization.
