A published mark is open to opposition for 90 days from the date of publication.
Filing an opposition
- The deadline for filing an opposition cannot be extended.
- To file an opposition the following documents are required: a power of attorney, a statement of opposition, and supporting documents, including a certificate of registration from the country of origin in the name of the opponent and trademark registration certificates issued in other countries in the name of the opponent. These registrations should cover the same classes of goods as the opposed trademark.
- The power of attorney must be legalised by the Iraqi Embassy upon filing the opposition, and the locally legalised power of attorney must be filed within 30 days from the date of filing the opposition (August 2026).
- The duly legalised power of attorney must be submitted with the opposition application. If it is not fully legalised, a copy legalised by the Iraqi Embassy may be submitted, and a period of 30 days is granted to provide the fully legalised power of attorney (April 2026).
Evidence
- For the opposition proceedings before the Registrar, the trademark registration certificates are the most important supporting evidence. Evidence of shipments of goods to Iraq is not required at this stage; it will be relevant if the matter proceeds to court.
- At the opposition stage the Registrar is not authorised to refuse a trademark application on the basis of the reputation or well-known status of the opponent’s mark; whether a mark is well known falls exclusively within the jurisdiction of the court.
- As long as the opponent does not have a registered trademark in Iraq, the opposition is based on priority of registration in other countries and the well-known status of the mark (April 2026).
- In January 2025 we advised that the non-use point is not important at the stage of opposition.
After the opposition is filed
- In an opposition, the applicant must submit a response within 30 days; otherwise the applicant is deemed to have abandoned the trademark application.
- Responding to an opposition requires the same documents as filing one.
- In practice, the Registrar may accept an opposition and cancel a published application where the opposing party already owns an earlier registration for the same or conflicting trademark in Iraq, which had been overlooked by the examiner when the later application was accepted for publication (October 2026).
- As advised in February 2025, if the opposition is rejected, a lawsuit must be filed within thirty days from the date of notification of the opposition result.
Frequently asked questions
Can the opposition deadline be extended?
The deadline for filing an opposition cannot be extended.
What documents are needed to oppose a trademark in Iraq?
To file an opposition the following documents are required: a power of attorney, a statement of opposition, and supporting documents, including a certificate of registration from the country of origin in the name of the opponent and trademark registration certificates issued in other countries in the name of the opponent. These registrations should cover the same classes of goods as the opposed trademark.