Trademark Validity Period in Azerbaijan
The first step in understanding trademark renewal in Azerbaijan is knowing how long a mark is valid. Under trademark law, Azerbaijan trademark validity is ten years from the filing date. This ten‑year term is renewable for additional ten‑year periods an unlimited number of times. The renewal term runs from the expiry of the previous registration, so owners maintain uninterrupted protection by renewing on time. Registration is linked to the filing date rather than the grant date, which is important when calculating deadlines.
Unlike some jurisdictions, Azerbaijan does not require proof that the trademark has been used in commerce in order to renew the registration. However, non‑use can still jeopardize the mark. If a registered mark is not used in Azerbaijan for five consecutive years after publication, any person may petition the Board of Appeal to cancel the registration. This five‑year non‑use grace period is separate from the renewal period and should remind rights holders to use their mark and keep evidence of use.
When to start the renewal process
How to renew a trademark in Azerbaijan? Trademarks can be renewed at any time during the last part of the existing ten‑year term, but different timelines depend on the source. Renewal request may be filed as early as twelve months before expiration. In practice, the official renewal window – where the normal renewal fee applies – opens six months before the expiration date. This means the owner has half a year to submit a renewal and pay the standard fee. Filing early reduces the risk of missing the deadline and gives time to correct any errors in the documents.
If you want to ensure there is no interruption in protection, start gathering documents and contacting your attorney around a year before the ten‑year term ends. Although the Intellectual Property Agency does not notify owners that renewal is due, but our service offers automated deadline reminders.
Required documents and forms
The IP renewal process in Azerbaijan is relatively straightforward, but owners must supply specific documents through their representative.
Here is the list of four key items that you need:
Original certificate
Submitting the original certificate of registration is necessary. If you provide it, the Agency will stamp the renewed term onto the certificate; otherwise, it will issue an electronic notification confirming renewal.
Registration details
You must provide the trademark registration number and details of the classes covered. This information allows the agency to identify the mark and update the renewal record.
Power of attorney (POA)
The most important document is a signed and stamped bilingual Azerbaijani‑English power of attorney authorising the local attorney to act on your behalf. For legal entities, the POA should bear the company seal; for individuals, a signature is sufficient. Notarisation or legalisation is generally not required, and a scanned copy will usually be accepted.
Payment evidence
Proof of payment of the official renewal fees is required.
No declaration of use or specimen is required because Azerbaijan does not link renewal to actual use. For resident applicants, it is possible to file a renewal directly with the Intellectual Property Agency using the agency’s prescribed form, available through their offices or via authorised service providers. Non‑residents must route their documents through an Azerbaijani attorney.
Renewal fees and payment options
Azerbaijan’s Cabinet of Ministers sets the official trademark fees. The official fee for renewing a trademark is 143 AZN, which is roughly USD 85. Importantly, the renewal fee in Azerbaijan is flat – it does not depend on the number of classes. This means the same amount is paid regardless of whether the mark covers one class or multiple classes.
If the owner misses the regular renewal deadline but is still within the six‑month grace period, an additional late fee of 8 AZN per month of delay is charged.
(For example, if you renew three months into the grace period, you will pay the standard 143 AZN renewal fee plus an extra 24 AZN.)
Payments can be made via bank transfer or major credit cards. Many service firms accept payment in USD, EUR, GBP, CAD, or PLN. Bank processing charges may apply when paying by card, so confirm total costs with your attorney. The Intellectual Property Agency issues only electronic confirmations for renewal; an updated certificate is not automatically printed.
Grace period and late renewal penalties
Azerbaijani law provides a six‑month grace period after the renewal deadline. During this period, the owner may still renew the trademark, but a late fee is imposed for each month of delay. The renewal window is the last six months of the ten‑year term, followed by an additional six‑month grace period.
Failing to renew within the grace period has serious consequences. Once the six‑month period expires, the trademark registration lapses and cannot be reinstated. To regain protection, the owner must file a new application, and the mark becomes available for others to register.
Additionally, if a mark is not used for five years, any party can seek cancellation, so letting a registration lapse creates an opportunity for competitors to register a similar sign.
How to submit a renewal application
Here’s a renewal process in Azerbaijan:
Calculate the renewal window
Determine the expiration date by adding ten years to the filing date. Plan to begin renewal preparations twelve months before expiry and file the application no later than six months before the expiration date. Mark the end of the six‑month grace period as the final opportunity to renew with a late fee.
Appoint an Azerbaijani patent attorney (if required)
Non‑resident owners must hire a local attorney to manage the filing. Residents may file directly with the Intellectual Property Agency.
Prepare a Power of Attorney
Execute a bilingual Azerbaijani‑English POA authorising the attorney to act on your behalf. A scanned, stamped copy is usually accepted and does not require legalisation.
Compile the application
Provide the attorney with the registration number and class list. Decide whether to send the original certificate; if you do, the renewed term will be stamped on it. If not, an electronic renewal confirmation will be issued.
Your attorney will calculate the official renewal fee of 143 AZN and, if you are filing during the grace period, the late fee of 8 AZN per month. Payment can be made by bank transfer or credit card; confirm whether processing fees apply. Keep proof of payment for inclusion in the application.
Monitor the outcome
Once the renewal is processed, the Agency issues an electronic notification confirming the new expiration date. Approved renewals are published in the Agency’s Official Bulletin, which serves as public notice. Keep the confirmation with your original certificate or corporate records.
Conclusion
Renewing a trademark in Azerbaijan is a predictable process when handled timely and correctly. Registration lasts ten years from the filing date and can be renewed indefinitely. Owners should begin preparing for renewal up to a year in advance and submit the renewal request during the last six months of the ten‑year term to avoid late fees. A six‑month grace period is available after expiry, but it attracts a monthly surcharge and lapses permanently if missed. Required documents include a bilingual power of attorney, the registration number, an optional original certificate, and proof of payment.
