The significance of attorneys participating in Iraq’s registration processes
The Iraqi Bar Association is in charge of overseeing attorneys in Iraq. The majority of the work and administrative processes, such as registration, the requirement to permanently appoint a company/branch legal advisor, the purchase and sale and administrative processes in the country’s official offices, etc., must be carried out by Official lawyers and it is not possible for other people to refer to and do these things without a lawyer’s presence. This country made changes to its laws in recent years.
It is important to be aware that each lawyer must have a specific license to practice, which must be renewed annually. For instance, one lawyer may be permitted to work in the area of trademark registration, while another may be permitted to register a company or branch. As a result, it is not possible to accept representation for cases where the required activity license is not in place. Due to this, make sure your chosen attorney’s license complies with your desire and legal procedure when selecting him or her.
A lawyer has duties and responsibilities in each of the registration processes as follows:
Trademark registration:
1) If you are a foreign business or person, the attorney will contact the Ministry of Foreign Affairs of Iraq after getting your documents to request approvals for the signature certificate and power of attorney.
2) He will submit a request for review and registration to the Ministry of Industry and Mines, the government agency in charge of mark registration, after receiving the aforementioned approvals.
3) The lawyer will receive the results of the check after a period of time and the process of checking the mark in the appropriate office, and if he agrees with the lawyer’s registration, he will pay the government fees to reserve the mark and stand in line for publishing.
*If the sign is disapproved during the review phase, the council will be informed and given access to comparable and opposing signs. You can choose your next course of action with the assistance and counsel of a lawyer because the registration office may declare conditions to approve the trademark registration request by making minor changes to the logo design or you may choose to file a lawsuit against a similar trademark.
4) Finally, after three periods of public publication of the mark, the lawyer will pay the fees and receive the final certificate of the mark.
Company/branch registration:
1) Similar to trademark registration, the first stage in applying for registration as a foreign company is for the attorney to verify your paperwork at the Ministry of Foreign Affairs.
2) The Ministry of Trade, the government agency in charge of registering businesses and branches, will submit a review and registration request concurrently with the suggested names you requested after receiving the aforementioned approvals.
3) If your request is accepted, the initial registration authorization (establishment order) will be given after the appropriate department has had time to review it.
4) The attorney must deliver the official lease of your office within the time frame stated by the registry office and monitor the situation in case more paperwork is required.
5) After 20 to 30 working days, he receives the final certificate of registration (Certificate of Establishment).
Legal support services:
All registered companies and branches in Iraq are required by law to designate a permanent legal advisor. This means that the lawyer goes to the appropriate office and introduces the name of your company as the company under the service of his legal advisor, and finally the document appointing the legal advisor under the name Your company should provide you. Keep in mind that the lawyer must be permitted to work in this field according to his attorney’s license. Legal advisers typically serve for six months to a year, after which they must be renewed.
It should be noted that the appointment of a legal adviser is minimal, and that his attorney’s fee must be computed and paid separately if it becomes necessary to file a lawsuit and obtain specialized legal guidance from a lawyer. Shafaq Alrafedain has had the privilege of working with some of the most reputable and knowledgeable attorneys in Iraq over the course of his career; therefore, if you require legal assistance or would like a complimentary consultation, please get in touch with the appropriate specialists in this group.