The Kurdistan Trade Mark Office has provided clarification on the 15-year trade mark protection period introduced under the amended Trade Marks and Commercial Data Law No. 21 of 1957.
The position is more nuanced than initially understood. The key factor is the trade mark application date, rather than the date on which the mark is registered or renewed.
Based on the latest information from the Kurdistan Trade Mark Office:
This clarification is relevant for pending applications filed before 1 January 2023. Although such applications may proceed to registration after the introduction of the 15-year protection period, they remain subject to the previous 10-year protection period.
The practical distinction between the filing date and the registration or renewal date is important when reviewing trade mark portfolios in Kurdistan. Brand owners should therefore consider the original filing date of each application when assessing the applicable protection period and planning future renewals.
The current position is, however, still developing. The clarification is based on an administrative directive, rather than a published legislative amendment. The position may therefore change, particularly following the formation of the Kurdistan Parliament.
Authors: Abdul Rahman and Mona Saleh
