ICC 1701/2013

This case involved an objection to a trademark registration. Key points included the fact the consumers were specialist medical professionals, colour differences and that both products had been popular in Iraq for 30 years.

Background

The general company for the manufacturing of medicine and pharmaceuticals supplies objected to a decision issued by the Minister of Industry and Minerals in which the minister had accepted the objection of a German company to the registration of a trademark by them. The company claimed that the decision violated the law and damaged its interests and the company filed a claim with the court requesting a ministerial decision.

The court of first instance in Samarra referred the case to the relevant commercial court of first instance. The authorised manager of the German company was added to the case as a party to it. The court of first instance issued a ruling revoking the decision issued by the minister and requested the German company to pay the costs.

Decision