Protection of trade names in Iraqi law

When dealing with the protection of commercial names in Iraqi law, first of all, it should be mentioned what the scope of commercial names is, in which areas they are used, and what they do for the trader. What are the rights owned by the traders using the trade name, how they can use these rights, how the violations against the trade name can be prevented and how the damage can be claimed from the other side, depending on the registration; it will be explained in the study within the framework of the regulations in Iraqi law. After examining both the national and international dimensions of legal and penal protection methods and discussing how the protection will be done, how effective it can be, the elements and criticisms that will be taken as a basis in trying to protect trade names will be included in the study. In this way, suggestions will be made to strengthen the legal regulations on protection in order to prevent the people and situations that cause these violations, together with the protection that the existing violations are met with, before they cause bigger problems in the future. Today, trade names are among the signs used to be noticed by traders in business life. The relationship between these distinctive signs; it is not clearly regulated in our laws, and it has not been adequately examined in scientific studies and judicial decisions. For example, whether an expression registered as a trade name can also be used as a trade title, whether a trader who owns a trade name has the right to object to the registration process when that name is registered as a trademark by someone else, or whether a statement is used as a trade name by a trader and used as a trade title or brand by another should be clarified in the legislation or doctrine. It is essential to mention the distinctive features, objective conditions and importance of the trademark and it is important to know the methods of registration of the trademark and how to meet the conditions of cancellation and renewal of the registration. In addition, the legal and penal protection of the well-known trademark and the conditions of protection of the trademark in the international arena are issues that need to be re-examined.