Trademark registration in Azerbaijan. Azerbaijan is a country located at the boundary of Eastern Europe and Western Asia. As a result of implementing a record number of reforms mainly involving institutional changes among the 10 top improvers, Azerbaijan has become a favorable destination for conducting businesses. With the new policies, the time and cost to get a construction permit are reduced significantly here. Furthermore, the process of connecting the electricity grid rationalized, as well as getting credit is becoming more simplified. Therefore, it is crucial for businesses to know about the important documents to register a trademark in Azerbaijan and the procedures of trademark registration in Azerbaijan.
Necessary documents for filing a trademark application in Azerbaijan
- Name and address of the applicant;
- Trademark models;
- List of goods and/or services by the international classification;
- Certified copy of priority document (If any) which may be filed to the Azerbaijani Trademark Office within three months from the filing date;
Trademark registration procedure in Azerbaijan
After filing the trademark application, 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. If the trademark passed all requirements of protectability, the grant decision is issued. Later, the certificate of registration is published within 3-4 months when the owners have paid the registration fee. The whole procedure of trademark registration in Azerbaijan takes from 12 to 18 months.
Note: Foreign applicants must be represented before the Office by a registered Azerbaijani trademark attorney.
Filing a cancellation to trademark registration in Azerbaijan
- 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.
Opposition to trademark registration in Azerbaijan
Non-official opposition against an Azerbaijani trademark application may be filed for national applications within the examination stage; for International Registration – within 12 months from the publication date.
Trademark validity and renewal in Azerbaijan
A trademark in Azerbaijan 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 the end of the validity period of the trademark and there is also a 6-month grace period after the end of the validity period that the trademark owners can file for a trademark renewal upon payment of a stipulated fine. Reinstatement of a lapsed trademark is not possible.
Required documents to file for a renewal of a trademark in Azerbaijan:
- Signed and stamped special bilingual AZ/EN Power of Attorney. There is a fine for late submission of the POA.
- Original Certificate of Registration (not obligatory). In case of submission of 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).
You can find a list of Azerbaijan IP firms here.