The
Department Tasks:
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 trade marks, 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.
