Trademark registration in Azerbaijan

1) DESIGNATIONS REGISTRABLE AS A TRADEMARK

Words, proper names, letters, numbers, pictorial elements, shape or packaging of goods, any combination of colors and all of the above can be registered as trademarks.

2) THE REGISTRATION PROCESS

1. Submission of an application to the Intellectual Property Agency;

2. Preliminary and substantive examinations of the trademark application;

3. Decision of the Intellectual Property Agency on registration of the trademark/refusal of registration;

4. Submission of an application for the registration of the trademark in the state registry, publication of information in the official bulletin and issuance of the certificate (within 4 months from the date of the decision on registration).

3) AVAILABILITY OF ACCELERATED TRADEMARK REGISTRATION

Yes, based on the application of the trademark owner and subject to payment of an additional state fee, the trademark examination may be carried out within 1 month.

4) TRADEMARK REGISTRATION TIMELINE

The standard trademark registration timeline is 8 – 12 months from the date of filing the application.

The accelerated trademark registration timeline is 3 – 5 months from the date of filing the application.

5) TRADEMARK REGISTRATION DURATION AND RENEWAL

The registration of a trademark is valid for 10 years from the date of filing the application. This period may be extended for 10 years for an unlimited number of times at the request of the owner.

6) IS IT POSSIBLE TO USE A TRADEMARK WHILE REGISTRATION IS PENDING?

Yes, a trademark can be used while the registration is pending.

7) TERMS OF TRADEMARK USE

Registration of a trademark can be canceled in case of its non-use within continuous 5 years from the date of registration or within 5 years prior to the date of any person's application on its non-use.

8) METHODS OF PROTECTING THE RIGHT OF THE TRADEMARK OWNER

The trademark owner, in case of infringement of his/her rights, is entitled to demand:

• cessation of the use of the trademark;
• compensation for the damage caused;
• payment of compensation;
• prohibition to use a trademark consisting of reproduction, imitation, transliteration and translation of words and creating a false impression of his/her trademark;
• cancellation of the registration of an identical or confusingly similar trademark (within 5 years from the date of publication of information on registration in the official bulletin).

Author: Nargis Tagiyeva