In all trademark litigation, the plaintiff must prove the use of the trademark, by providing the court with shipping invoices evidencing the importation of the goods into Iraq, as well as the names of the exclusive distributors of the goods in Iraq (September 2025).
Registration in the plaintiff’s name
- To initiate legal proceedings and rely on specific trademarks, those trademarks must be registered in Iraq in the name of the plaintiff. Trademark licences or similar arrangements are not recognised for this purpose (July 2026).
The agent as plaintiff
- In a Kurdistan matter in October 2025 we recommended that, since the client had an exclusive agent in the region appointed under an official agreement, it was better for the agent to be the plaintiff. The agent can present the signed and legalised agreement with the client and can authorise us to handle the case on its behalf.
- In a Kurdistan court matter in October 2025 we advised that the Companies Registrar would be contacted to check whether the plaintiff has a registered branch in Kurdistan, and that the case might be rejected if it does not. The plaintiff’s officially appointed exclusive agent in Kurdistan, legalised up to the Iraqi embassy, allows us to bypass the issue of the non-existent branch in the region.
Witnesses
- It is customary for the party instructing us to handle a case to identify and arrange the witnesses in coordination with its exclusive agent in Iraq (July 2026).
Importers
- In December 2023 we noted that importers typically have their headquarters and warehouses in Baghdad.
Licence agreements between foreign companies
- In October 2023 we advised that the sole benefit of registering a licence agreement between two foreign companies in Iraq is realised when goods produced by the licensee enter Iraq; in such cases the relevant customs authorities do not object to the importation, provided the goods originate from the licensed producer.
Frequently asked questions
What evidence of use does an Iraqi court require?
In all trademark litigation, the plaintiff must prove the use of the trademark, by providing the court with shipping invoices evidencing the importation of the goods into Iraq, as well as the names of the exclusive distributors of the goods in Iraq (September 2025).
Can the exclusive agent be the plaintiff?
In a Kurdistan matter in October 2025 we recommended that, since the client had an exclusive agent in the region appointed under an official agreement, it was better for the agent to be the plaintiff. The agent can present the signed and legalised agreement with the client and can authorise us to handle the case on its behalf.