The Trademark Office (TMO) in Iraq announced that trademark applications filed in Latin script must include the Arabic transliteration of the mark. This update, which applies to applications currently undergoing examination and new filings made on or after January 2, 2023, rescinds the previous practice at the TMO that did not demand the Arabic transliteration of trademarks to be filed alongside the Latin version, despite it being required by the Iraqi Trademark Law.
With the new procedure in place at the TMO, it becomes necessary to include the transliteration of the mark in Arabic. However, transliteration into the Arabic script is not without challenges. Certain letters have no equivalent in the Arabic language, such as the letters V and P. Common practice is to either substitute the letter with the next best option (F for V and B for P), or to borrow letters from the Persian alphabet, which is the closest to Arabic and is widely understood by the Arabic-speaking public. It is therefore imperative to register the correct Arabic version of a mark to ensure that consumers have clear visibility as to the origin of the goods or services, and eventually to be able to build up brand equity in Iraq.
Another advantage of registering the Arabic transliteration of the mark is that it may mitigate problems that would arise when it comes to enforcing trademark rights against third parties using or attempting to register confusingly similar Arabic transliterations. It is worth noting that it is easier to enforce marks in the same language—Arabic, in the case of Iraq and other countries in the region.
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