Trademark opposition in Iraq is governed by the Iraqi Trademarks and Commercial Data Law and handled by the Trademark Office at the Ministry of Industry and Minerals. Any interested party may file an opposition against a trademark application that has been published in the Official Trademark Gazette.

When Can You File an Opposition?

• An opposition may be filed after the trademark application is published
• The statutory opposition period is 90 days from the date of publication
• Oppositions filed after this period are generally not accepted

 

Who Can File an Opposition?

• Owners of prior registered or well-known trademarks
• Parties with legitimate legal interest
• Authorized agents acting under a Power of Attorney

 

Foreign parties must act through a licensed local Iraqi agent or law firm.

Step-by-Step: Trademark Opposition Procedure in Iraq

1. Monitor Trademark Publications: Oppositions are filed only after the trademark is published in the Official Trademark Gazette.
2. Prepare the Opposition Grounds: Common legal grounds include:

• Likelihood of confusion with an earlier trademark
• Similarity in name, logo, or goods/services
• Bad faith filing
• Violation of public order or morality

3. File the Opposition with the Trademark Office: Submit a written opposition request to the Trademark Office within the 90-day period.
4. Submit Supporting Evidence: This may include:

• Prior trademark registration certificates
• Proof of use or reputation
• Legal arguments and written submissions
• Power of Attorney (mandatory for representatives)

5. Examination & Response

• The Trademark Office reviews the opposition
• The applicant is notified and may submit a counter-response
• Additional submissions may be requested by the authority

6. Decision Issued: The Trademark Office issues a decision to:

• Accept the opposition (reject the trademark), or
• Reject the opposition (allow registration to proceed)

Important Notes

• Trademark opposition is an administrative procedure, not a court case
• Failure to oppose does not always prevent later legal action, but early opposition is strongly recommended
• Decisions may be subject to appeal in accordance with Iraqi law

Why Trademark Opposition Matters

• Protect brand identity and prior rights
• Prevent market confusion
• Avoid costly disputes after registration
• Enforce trademark rights at an early stage