In a 2025 file, the Registrar refused a Latin mark filed with its Arabic transliteration, and the refusal was challenged in court. As a new expert panel was about to be appointed, the agent wanted to know who would see what.
What we explained:
- The action was filed solely against the Registrar's decision. The only defendant was the Trademark Registrar in his official capacity; we did not ask to cancel the similar mark.
- So in that file the party receiving the judgment was the Registrar alone.
- Publishing court decisions to the public is not common practice before the Iraqi courts, although there was a slight possibility that the cancellation of the application could appear in the Official Gazette.
- Refiling the mark in its Arabic translation would, in our view, very likely be accepted, since under the applicable law a translated version of a mark is deemed a separate and distinct trademark.
The client chose to withdraw and file a stylised version instead, and the case was dismissed.
Before suing the Registrar, weigh the refiling route with your client.
Facing a refusal in Iraq? We can talk through the options with you.