ERBIL – In a significant administrative and legal shift within the Department of Trademark Registration (the Department) in the Kurdistan Regional Government (KRG), the KRG’s Shura Council issued a directive transitioning trademark protection terms from 10 years back to the original 15-year period for specific application windows.
HISTORICAL CONTEXT & LEGAL AMBIGUITY
The foundational legal framework for trademarks in Iraq and the KRG is set out in the Trademark Law No. 21 of 1957. Historically, this law and its subsequent amendments maintained a trademark protection period of 15 years.
However, following the Coalition Provisional Authority (CPA) Order No. 80, issued on 26 April 2004, several provisions of the 1957 law were amended nationwide, notably reducing the trademark protection and renewal term from 15 years to 10 years.
While the Federal Trademark Office in Baghdad implemented CPA Order No. 80, the KRG’s Department adopted the 10-year term and issued registration and renewal certificates accordingly.
THE SHURA COUNCIL’S NEW DIRECTIVE
The KRG’s Shura Council recently issued an internal guidance directive stating that CPA Order No. 80 lacks proper legal enforcement within the country. Because the Kurdistan Parliament never formally ratified or passed an enforcement decree for CPA Order No. 80, the Shura Council determined that the lawful statutory term remains 15 years.
At present, this remains an administrative directive rather than an officially published decree. Department officials have indicated that formal documentation will depend on future parliamentary actions.
IMPLEMENTATION SCHEDULE AND PRACTICAL IMPACT
The Department has established clear parameters for how this directive affects pending, new, and existing trademark registrations:
- Applications/renewals filed on or after 1 January 2023: all trademarks filed or renewed from this date forward will be granted a 15-year protection period.
- Applications/renewals filed before 1 January 2023: certificates for trademarks filed or renewed before this cut-off date will issue with the 10-year protection period.
It is worth noting that for trademarks that are currently expiring (those previously registered and protected for the 10 years), the Department will process their renewals under the 15-year protection period.
LOOKING AHEAD: THE PARLIAMENTARY FACTOR
Because the KRG is currently awaiting the formation of its new Parliament, this administrative directive serves as an interim measure. Once the regional Parliament convenes, it is expected to review the matter formally.
The Parliament will ultimately issue a decisive ruling to either:
- Ratify CPA Order No. 80, thereby reverting the KRG trademark protection period permanently to 10 years in alignment with federal Iraq.
- Reject the CPA amendment, permanently maintaining the 15-year protection period under regional law.
STRATEGIC RECOMMENDATIONS FOR BRAND OWNERS
Intellectual property owners should carefully audit their KRG trademark portfolios to identify which marks fall under the 10-year or 15-year protection cycles based on their filing dates. Attention must be paid to docketing system calculations to ensure that renewal windows are accurately tracked according to the specific dates issued on the certificates.
For more information, please get in touch with erbil@qumsieh.com.