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Trademark application Azerbaijan

Azerbaijan, situated at the crossroads of Eastern Europe and Western Asia, is a land rich in history, culture, and natural beauty.

The country is primarily Muslim, with a secular government system. The official language is Azerbaijani, and the country's population is 10 million.

Azerbaijan is also noted for its strategic geopolitical position and endeavors to maintain balance with surrounding states while pursuing its own national objectives.

In Azerbaijan, a country witnessing rapid economic expansion and growing integration into the global marketplace, the legal framework for trademark protection is critical for both domestic and international firms.

Azerbaijan's approach to trademark protection complies with international standards, reflecting its membership in the World Trade Organization (WTO) and adherence to treaties such as the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). These agreements ensure that Azerbaijan's trademark laws are in line with global standards, including efficient procedures for trademark registration and enforcement.

The Law on Trademarks and Geographical Indications is the major piece of legislation regulating trademarks in Azerbaijan. It describes the procedures for trademark registration, protection, and enforcement. The Republic of Azerbaijan Intellectual Property Agency (COPAT) is the principal institution in charge of trademark registration and related affairs.

The trademark registration process in Azerbaijan consists of several steps, including application submission, formal and substantive expertise, and the issuance of a trademark registration certificate.

Once registered, a trademark is protected for 10 years (calculated from the application date), with the option to renew indefinitely every 10 years. This registration grants the trademark owner exclusive rights to use the mark in connection with the goods or services for which it is registered, as well as the right to prevent others from using similar marks that may confuse consumers.

Trademark application costs in Azerbaijan

The official fees for trademark application depend on the number of classes

Name of service

Official fee, national currency (AZN)

Filing application, one class

- for each additional class

263

Registration and Certificate issuing

The commission of Pocket IP is 260 USD per trademark.

The payments are accepted in USD, EUR, GBP, CAD, and PLN (at a client’s request). Both bank payment and card payment are available.

File trademark application in Azerbaijan

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How to file a trademark application online in Azerbaijan

Pocket IP offers trademark application services in Azerbaijan.

A trademark application could be filed by entering new data or based on an example of a previously filed application

The fees are calculated automatically in the currency you selected according to the current exchange date.

For filing a trademark application, a simply signed POA is required – a scanned copy (draft and instructions will be provided by service).

Advantages of trademark registration with Pocket IP

24/7 Availability: The Pocket IP trademark application system is accessible at any time, allowing users to file the trademarks and check the current statuses without being limited by office hours.

Free access to docketing service: Pocket IP offers not just an application system, but a docketing service to keep all the trademark data and documents in one place.

Cost-effectiveness: Using Pocket IP to reduce costs is a more cost-effective option to file applications.

Real-Time Status Updates: Applicants can track the status of their trademark applications in real time, receiving updates and any required activities or correspondence from the trademark office.

Trademark registration process in Azerbaijan

Filing

New trademark application

The trademark application is filed with the IP Office and includes information about the trademark itself, the applicant data, the claimed classes, and a list of goods and/or services.

Formal examination

Check of formal requirements

For up to 1 month, the IP Office reviews the application to ensure it meets all eligibility requirements.

Publication and Substantive examination

The Office runs examination for up to 6 months from the date of application

Based on the results of the examination, a decision may be made to register a trademark or a preliminary refusal to provide legal protection. In the second case, the applicant has the possibility to overcome the preliminary refusal within two months by submitting a reasoned response indicating his arguments in favor of registering a trademark.

Registration

Issuing of registration certificate

The certificate is valid for 10 years from the date of filing the application and can be renewed every 10 years an unlimited number of times.

The entire trademark registration process in Azerbaijan usually takes 6-9 months, but it can take longer if a provisional refusal is issued.

For non-residents representation of a local trademark attorney is obligatory.

Possibility to speed up the registration

The option to accelerate the examination of the applied designation is possible by paying an additional state fee.

The period for examination of the application in this case will be 1 month.

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FAQ

How to register a trademark in Azerbaijan?

To register a trademark in Azerbaijan, prepare and submit an application. For 6-9 months the application will be examined by IP Office. Based on the results of the examination, a decision may be made to register a trademark or a preliminary refusal to provide legal protection. In the second case, the applicant has the possibility to overcome the preliminary refusal within two months by submitting a reasoned response indicating his arguments in favor of registering a trademark.

If the Applicant does not agree with the Office’s decision on the application, he may appeal it to the Appeals Chamber within three months from the date of receipt of the decision.

Are multiple-class applications available in Azerbaijan?

Multiple-class trademark applications are possible in Azerbaijan.

There is no limit to the number of goods/services selected for registration within a class.

Are there any restrictions on who can be a trademark applicant/owner in Azerbaijan?

There are no restrictions. The applicant/owner of a trademark can be either an individual or a legal entity. There are no differences in rights for residents and non-residents.

Do I need to hire a local trademark attorney to register a trademark in Azerbaijan?

It is mandatory to hire a local licensed trademark attorney for foreign applicants.

Changing data in the application in Azerbaijan

Before the trademark is registered, it is possible to change applicant data, change applicant, or shorten the list of goods/services.

Is a paper certificate issued in Azerbaijan?

A certificate is issued in paper form.

An updated certificate will not be issued after the TM validity period has been extended. The Agency provides only an electronic statement with a new expiration date for the certificate.

Proof of use of a trademark in Azerbaijan

There is no need to provide evidence of the use of a trademark during the registration procedure or renewal procedure.

If the trademark is not used in Azerbaijan in whole or concerning a part of the goods and services specified in the certificate continuously for five years from the date of publication of the information on the issuance of the certificate, or if the use of the trademark is suspended from another date after this publication for an uninterrupted period of five years, any person has the right to file the claim to the Agency’s Board of Appeal with an application for early termination of such registration in whole or in part.

Standard and non-standard list of goods/services in Azerbaijan

It is possible to indicate both standard and non-standard lists of goods or services within a class. Using a non-standard list is necessary to meet the theme of a class.

In a case filed as non-standard goods/services are too similar to the names in a standard list, the Office’s expert could propose to amend a non-standard classification into names from a standard list.

What can be protected as a trademark in Azerbaijan?

Any designation or any combination of designations.

In particular: words, including proper names, letters, numbers, visual elements, colors, and shape of goods or their packaging.

Which classification is used by Azerbaijan?

Azerbaijan uses the International Classification of Goods (classes 1-34) and Services (classes 35-45), established by the Nice Agreement for trademark registrations.

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