In one opposition-related court case, the court cancelled the registration. The mark was registered in the name of a "factory", and a factory in itself is neither a natural person nor a legal entity capable of owning a trademark registration.
The Trademark Registrar's legal representative appealed, alleging that the factory was owned by a company, which is a legal entity. The Court of Cassation overturned the decision. The judge then joined the Directorate of Industrial Development as a third party, to clarify whether the industrial licence was issued in the name of a company or a factory.
Since then: repeated adjournments, a referral to the Public Prosecution for its opinion, and in October 2026 another adjournment because the Public Prosecution had not yet submitted its report. The case is ongoing and we make no prediction on the outcome.
What this case suggests for owners and agents:
- Check that the owner of any mark you rely on, or attack, is a recognised legal entity
- Look at the industrial or commercial licence behind the name
- Allow for ownership questions to lengthen proceedings, as they did here
Considering an opposition or cancellation in Iraq? We are happy to discuss the evidence needed.