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2. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. Azerbaijan's trademark registration adopts the principle of "application first", but in some cases, trademark rights can also be claimed through "prior use";
3. Official language: Azerbaijani/English
4. The Azerbaijan Trademark Office adopts the Nice classification for the description of goods and services and accepts applications for multiple categories in one form;
5. The elements that can be registered as trademarks in Azerbaijan include text, name, graphics, three-dimensional identification, color combinations, etc;
6. Azerbaijan currently has no objection system, which differs significantly from the domestic system. This requires applicants to actively monitor and protect their rights in a timely manner in order to prevent trademark registration.
7. Applicants can pay to expedite the review process, with a general review time of 8-9 months, which can be shortened to 3 months after payment for expedited review.
Azerbaijan is a party to international intellectual property treaties such as the Nice Agreement, TRIPs Agreement, WIPO Convention, Nairobi Treaty, and Paris Convention; Having joined the Madrid Protocol and the Madrid Agreement, trademark registration can be processed through either "single country registration" or "Madrid International Trademark Registration";
If a trademark has already been applied for or registered in its country of origin (belonging to the Madrid Contracting State), it can also obtain legal protection in Azerbaijan through international trademark registration channels.
The validity period of each renewal is 10 years. The application for renewal can be submitted within 12 months before the expiration date, or within a grace period of 6 months after the expiration date, but additional fees must be paid.
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The applicant can submit directly to the Intellectual Property Office or entrust an agent to submit.
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Foreign legal entities and natural persons, except for those engaged in business activities in the Republic of Azerbaijan, can only submit documents to institutions through agents, unless otherwise specified in international agreements to which the Republic of Azerbaijan is a party.
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Trademark and geographical indication registration applications shall be submitted in Azerbaijani language.
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The following information must be clearly stated in the trademark registration application
1. The name, place of residence or domicile, and signature of the claimant (if the claim document is submitted through a patent agent, the patent agent's surname, first name, address, and signature);
2. The image or three-dimensional form of the trademark that requires protection;
3. List of goods or services grouped according to the Nice International Classification of Goods and Services;
4. Trademark design, color or color combination;
5. Transliteration and translation of symbols or specific parts thereof. -
The application should be accompanied by the following content
1. If trademark registration is submitted through an agent, authorization documents should be provided;
2. The articles of association of a collective trademark, the names of entities authorized to register the collective trademark in their own name, a list of all subject members who have the right to use the collective trademark, the scope of goods or services to which the logo belongs, and information on the uniformity of product quality and other characteristics;
3. If necessary, a document confirming the originality of the trademark in accordance with Article 10 of the Law of the Republic of Azerbaijan on Trademarks and Geographical Indications;
4. When submitting documents for geographical indication registration, it should be stated that the applicant produces goods or provides services in a specific geographical object, and their popularity and characteristics mainly come from the documents of their geographical origin, as well as opinions issued by the local government;
5. A document confirming the geographical indication rights claimed by the applicant in the country of origin of the goods.
Conduct a trademark search at the Azerbaijan Trademark Office to see if there are any similar trademarks. Ensure a high possibility of trademark registration in Azerbaijan.
Prepare the necessary documents for trademark application and submit them to the official Azerbaijan Trademark Office.
By registering a trademark with the Azerbaijan Intellectual Property and Trademark Office, one can obtain an Azerbaijan trademark certificate.
After applying for a trademark in Azerbaijan, the acceptance receipt is usually issued within 30 days. The time required for trademark registration is 12-18 months.
Trademark examination shall be conducted within 6 months after the completion of the preliminary examination.
According to the examination results, the Azerbaijan Intellectual Property Office will make a decision to register or refuse to register a trademark.
