TRADEMARK IN AZERBAIJAN

Mikhailyuk, Sorokolat & partners offers the full range of legal services related to trademarks in Azerbaijan including trademark search, trademark registration, trademark renewal, recordal of assignment and license agreements, recordal of changes to applications and registrations, as well as representing clients in courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.

Requirements for trademark registration

According to the legislation of Azerbaijan, designations that are similar with or identical to the trademarks previously registered or applied for registration in respect of similar goods and/or services cannot be registered.

In order to determine whether there are any similar or identical registered trademarks or filed trademark applications that may be opposed to your mark at the examination stage, it is possible to order a professional trademark search.

Information and documents needed for filing

Name and address of the applicant;
Prints of the trademark;
List of goods and/or services in accordance with the Nice Classification;
Certified copies of priority documents, if priority is to be claimed (may be filed to the Azerbaijani Trademark Office within three months from the filing date);
Signed and stamped Power of Attorney, in case seal/stamp is not available POA should be notarised (may be filed to the Azerbaijani Trademark Office within two months from the filing date).

Trademark registration procedure

The Azerbaijani trademark application undergoes preliminary examination within about 2-3 months after filing. If the application meets filing requirements, corresponding notification is issued, after which the application passes to substantive examination, which is conducted within about 6-7 months. On condition that a trademark meets the requirements of protectability, the decision about registration is issued, which means that the official registration fee should be duly paid to the Trademark Office. The certificate of registration is issued within approximately 3-4 months after payment of the official fee. In case the substantive examination finds any obstacles for registration, a provisional refusal in trademark registration is issued, which may be appealed within further 2 months.

The smooth trademark registration procedure takes approximately 15-17 months in Azerbaijan.

Foreign applicants must be represented by a registered Azerbaijani trademark attorney

Possible oppositions and cancellation requests

Opposition period against trademark application is not stipulated in Azerbaijan. However, an informational letter containing arguments against trademark registration can be filed to the Trademark Office within the whole examination period, in order to draw examiner's attention to non-compliance of the applied mark with protectability requirements.

Interested parties may also file cancellation requests after trademark registration, namely:

cancellation based on relative grounds may be filed to the Appeal Board within 5 years from publication;
cancellation based on absolute grounds may be filed to the Appeal Board within the entire period of validity of the trademark;
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 is valid for 10 years from the filing date and can be further renewed every 10 years. It is possible to apply for trademark renewal within 12 months before expiry of validity term. 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 (after grace period expiration) is not possible.

Required documents:
1. Signed and stamped special bilingual AZ/EN Power of Attorney.
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).

Frequently asked questions

Can I file a trademark application to Azerbaijan by myself?
According to the Azerbaijani legislation, only legal bodies and private entities of Azerbaijan may file trademark applications by themselves, foreign applicants should obligatory be represented by trademark attorneys.
What are the grounds for refusal in trademark registration in Azerbaijan?
A trademark is usually refused in registration if it is similar with or identical to earlier filed or registered trademarks in respect of the same or similar goods/services, as well as in case of lack of distinctiveness or misleading character of a mark.
How can I conduct a trademark search prior to filing an application?
Please contact us to order a service of a preliminary trademark search.
Can a multi class trademark application be filed in Azerbaijan?
Yes, according to the legislation of Azerbaijan you may file trademark applications with indication of any desired number of classes of the Nice Classification. Still please note that the amount of official fees depends on the quantity of classes.
What is the cost of a trademark registration?
The cost of a trademark registration in Azerbaijan depends on the number of classes in which the registration is required. Please contact us for more detailed information.
Can a trademark registration procedure be accelerated in Azerbaijan?
Yes, a trademark registration procedure may be accelerated by ordering corresponding service in the Trademark Office. Thus, the Trademark Office will examine an application and issue a decision in a short time frame, namely within approximately 1 month. In case of positive decision, the official registration fee is to be paid, after which the registration certificate is issued.
What is a non-use cancellation?
According to the legislation of Azerbaijan, a third party may file a request for cancellation of a mark that has not been used by the holder for a consecutive period of any five years of registration.
How many times can a trademark be renewed in Azerbaijan?
Trademarks in Azerbaijan may be renewed every 10 years as many times as needed upon payment of corresponding fee.