ICC 979/2014
Type
Case
Court
Iraq Court of Cassation
Jurisdiction
Iraq
Taxonomy
Trademarks
Copyright
LexisNexis
Decision date
22 Jun 2014
Catchwords
Trademark – Not Popular – Local Market – Fundamental Joint Aspects
This case involved a request for a trademark Red Mug to be registered after it had been refused because there were two similar trademarks already registered. Key points were whether the disputed mark was popular in the local market and if there were fundamental joint aspects between the trademarks.
Background
A Swiss company claimed it had tried to register a trademark but the registrar of the commercial trademarks and information had refused to register the trademark “Red Mug” because there were two trademarks already registered under the names “Red Bull” and “Red Mango”. The registrar based his decision on the provisions of Article 5 and 8 of Iraq Law No. 21/1957. The company brought a claim against the registrar and the Industry and Minerals Minister requesting them to register the trademark. The Court of First Instance issued a ruling requesting the registrar to register the trademark under the name of the company.
Decision