Clarification On Trade Mark Priority Document Submission Deadlines

Requirements and timing clarified for submitting priority documents when claiming priority under the Paris Convention.

Priority document requirements

To claim priority in Iraq, applicants must submit a certified copy of the corresponding home or foreign trade mark application. The document must be duly legalised up to the Iraqi Consulate.

Deadline for submission

Under the Paris Convention, an applicant has six months from the filing date of the first application to file corresponding trade mark applications in other member countries and claim priority from that earlier filing date.

However, the deadline for submitting the supporting priority document in Iraq is separate from, and should not be confused with, the six-month priority period.

The priority document must be submitted within 30 days from the date of issuance of the examination result of the Iraqi trade mark filing.

In practice, examination is typically issued approximately 8 to 14 weeks (2 to 3.5 months) after filing, depending on the workload and the number of pending applications before the Examination Department of the Trade Mark Office.

Practical implications

Because the deadline is triggered by the issuance of the examination result, it is not possible to predict the exact due date for submitting the priority document at the time of filing. The examination result is typically issued within 8 to 14 weeks, but processing times can vary depending on the Trade Mark Office's workload.

Applicants intending to claim priority in Iraq should therefore begin arranging certification and legalisation of the priority document as early as possible to ensure it is available when the examination result is issued and can be submitted within the 30-day deadline after the examination result.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.