The company name before the Registrar of Companies
A company name before the Registrar of Companies is not a trade name entered in the commercial register, and is not a trademark. The framework is on registering a company. The path of a mark is on trademarks. The Law Office of Ali Barakat follows the question from Baghdad, al-Yarmouk.
The company name in the contract before the Registrar
Article 13 of the Companies Law requires the company contract to contain the company's name and type, with the word "mixed" added if it is in the mixed sector, and any other acceptable elements. In a holding company, the word "holding" must, in addition to the type, be attached to the name on papers, notices and correspondence, under article 7 bis. The name is submitted as part of the contract to the Registrar with the application for incorporation, under article 17. The Registrar approves or refuses the application under article 19 if a conflict with a specific provision is found. In these articles the name is not a heading separate from the contract, Articles 13 and 17 do not set up a procedure for reserving a name independently of the application for incorporation. A refusal is a written decision, and the applicant may object before the Minister of Trade under article 24, in the manner set out on the hub page. The text does not name a court for that objection.
The trade name in the commercial register
Every merchant, whether a natural or a legal person, is to adopt, in order to distinguish the commercial activity, a trade name clearly different from other trade names, under article 21 of Commercial Law No. 30 of 1984. A merchant may not adopt a trade name from names that are not Arabic or not Iraqi, or include in it a statement contrary to public order, or a statement that would mislead the public or give a false impression of the merchant's true position or of the true nature of the activity. An individual merchant may adopt as a trade name the three-part name, or the name and surname, or any other suitable designation, under article 22. The trade name of a company must indicate its type, and must contain, at least, the name of one of the partners if it is a general partnership, a simple company or a sole proprietorship, under article 23.
A person who has had a trade name entered in the commercial register under this Law may not have it used by another person in the type of trade the owner of the name carries on, within the limits of the governorate or governorates in which it was entered, under article 24. The registrar of trade names — the president of the chamber of commerce and industry at the place of the entry, under article 26 — is to enter the name if it complies with the Law and to refuse it if it conflicts with the Law, and is to publish the decision in the bulletin the chamber issues. Any person with an interest may object to the entry of the name within fifteen days of the date of its publication. The registrar is to strike off the name if it appears that the entry conflicted with the Law, and may strike it off of that registrar's own motion at any time if it is established that it conflicts with the Law, under article 25. This path is also set out on the commercial register and the chambers.
What is distinct from a trademark?
Registering a trademark is a path before the trademarks register under Trademarks and Trade Descriptions Law No. 21 of 1957 as amended. Acceptance of a name in the company contract before the Registrar, or entry of a trade name in the commercial register at the chamber, does not stand in for registering a trademark, and does not take the place of opposition or of an infringement claim on its own path. The detail is on the trademarks page.
The office follows a reading from Baghdad, al-Yarmouk.
Legal basis and sources
- Companies Law No. 21 of 1997, article 13
- Commercial Law No. 30 of 1984, articles 21 to 25
- Trademarks and Trade Descriptions Law No. 21 of 1957 as amended
Frequently asked questions
Does a company name before the Registrar stand in for registering a trademark?
No. The company name is an element of its contract before the Registrar. Registering a trademark is a separate path before the trademarks register.
Is the trade name at the chamber of commerce the company name in the contract?
No. A trade name is entered in the commercial register at the chamber under the Commercial Law. The company name is a particular in its contract before the Registrar of Companies.
Who hears an objection to the entry of a trade name?
The registrar of trade names, who is the president of the chamber of commerce and industry at the place of the entry, within fifteen days of publication of the decision to enter the name, under article 25 of the Commercial Law.
Related topics and articles
- 01The company contract and internal rules: the function of each documentThe company contract and the statement before the Registrar under articles 13 and 14, distinct from any internal rules.
- 02Recording an individual merchant in the commercial register and at the chamber of commerceAn individual merchant is recorded in the commercial register at a chamber of commerce, distinct from company registration with the Registrar.
- 03Obligations that recur after a company is recordedFinal accounts, the audit, the general-assembly meeting and copies sent to the Registrar, distinct from post-incorporation steps and from branch duties.
- 04The address of a company or branch, a lease and a title deedThe company's address in its contract, before the Registrar and in the commercial register; a lease or deed may evidence it. Not a real-estate page.
- 05Registering a company in Basra: which department is approached, and what differs from Baghdad?Registering a company when dealing in Basra under the federal Companies Law, followed from Baghdad.