MIKHAILYUK, SOROKOLAT & PARTNERS offers the full range of legal services related to trademark registration in Azerbaijan including trademark search, registration, renewal of a trademark certificate, preparing and recordal of assignment and license agreements, recordal of changes as well as representing clients before courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.
Overview of the trademark registration procedure in Azerbaijan:
After the completion of filing, the Official notification of the receipt of the application is issued within 3 months. The Azerbaijani trademark application undergoes substantive examination for about 4-5 months. On condition that the trademark meets the requirements of protectability, the grant decision is issued. After payment of the registration fee, the certificate of registration is issued within 3-4 months.
The entire procedure of trademark registration in Azerbaijan takes from 12 to 18 months.
Foreign applicants must be represented before the Office by a registered Azerbaijani trademark attorney.
For filing a trademark application in Azerbaijan we need:
- Name and address of the applicant;
- Prints of the trademark;
- List of goods and/or services in accordance with the international classification;
- Certified copy of priority document if priority is to be claimed (may be filed to the Azerbaijani Trademark Office within three months from the filing date);
- Signed Power of Attorney, legalization and notarization are not required (may be filed to the Azerbaijani Trademark Office within two months from the filing date).
Non-official opposition against Azerbaijani trademark application may be filed for national applications within the examination stage; for International Registration - within 12 months from the publication date, in the form of informational letter containing arguments against registration of the mark. These arguments are taken into account in the frame of trademark examination at the discretion of the examiner.
Grounds, institutions and terms for filing a cancellation after registration:
1. Cancellation based on relative grounds may be filed to the Appeal Board within 5 years from publication;
2. Cancellation based on absolute grounds may be filed to the Appeal Board within the entire period of validity of the trademark;
3. Cancellation based on non-use may be filed to the Appeal Board. The grace period is 5 years from registration.
Trademark validity and renewal:
A trademark in Azerbaijan is valid for 10 years from the filing date and can be further renewed every 10 years. In Azerbaijan it is possible to apply for trademark renewal within 12 months before the deadline. There is also a 6-month grace period which allows applying for a renewal after the deadline upon payment of a stipulated fine. Reinstatement of a lapsed trademark is not possible.
1. Signed and stamped special bilingual AZ/EN Power of Attorney. There is a fine for late submission of the POA.
2. Original Certificate of Registration (not obligatory). In case of submission the original Certificate of Registration, the information confirming renewal will be reflected in the Certificate. In case the original Certificate of Registration is not submitted the Trademark Office will issue a Notification confirming the renewal. The TMO issues an electronic document confirming renewal (no paper documents).
For more information about trademark registration in Azerbaijan or quotation for filing and prosecution of the Azerbaijani trademark application please contact us.