"If we lose in court, will the owner of the cited mark see the judgment?" A foreign agent asked us exactly this, on behalf of its client.

Court

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.

A question about your mark or invention?

Send it to us and we will take it from there.

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