How to register a trademark in Azerbaijan?
- Emil Khudiyev (Lawyer)
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Trademark – is one main way to emphasize the pecularity of your brand and distinguish goods or services of one enterprise from those of other enterprises in the market, as well as protect yourself from unfair competitors.
Want to how to register rights for a trademark in Azerbaijan, how much does it cost and what is the procedure? So, first of all…
What is trademark?
Тrademark – any sign or combination of signs which can be represented graphically and is capable of distinguishing the goods and services of one undertaker from those of another undertaker (Article 1 of Law “On Trademarks and Geographical indications”).
Words, personal names, letters, numerals, figurative elements, shape of the goods or their packaging, combinations of colors as well as any combination of such signs can be registered as trademarks.
Advantages of trademark registration
Main advantages of trademark registration are:
1) Legal protection. The owner of a registered trademark is protected from violations of the law and unfair competition. In cases of illegal use by a third party, as well as in litigation, the rights of the owner of a registered trademark are fully protected.
2) Exclusive rights. Registered owner has exclusive right to prevent third parties from marketing identical or similar products or services under an identical or confusingly similar trademark.
3) Individual certainty of goods or services. The owner of a registered trademark distinguishes the goods and services of one manufacturer from the goods and services of another manufacturer.
4) Brand and reputation. Allows the owner to extract more profit from the goods sold or the services provided. In this case, only the owner of the mark has the right to allow the use of the mark by other persons (based on a license agreement).
5) Quality assurance. A trademark that has been registered, indicates the high quality of a product/service in a certain sense, and this increases consumer’s confidence and significantly contributes to the identification of counterfeit products.
Where to apply?
To apply for a trademark registration, you must apply to the Intellectual Property Agency of Azerbaijan and submit the necessary documents.
You can do it by contacting the Agency itself (Address: Baku, 84 U. Hajibeyov St., Government House, entrance 5, floor 1) or by submitting an application through the PANAH online system.
What documents are required ?
To register a trademark in Azerbaijan, the applicant must submit the following documents to the Intellectual Property Agency:
1) Application form (in azerbaijani).
Following info should be specified in the application form:
– name of the applicant, his place of residence, signature (name, surname, address and signature of the patent attorney, if the application is filed through the patent attorney);
– reproduction of the claimed sign or three-dimensional forms;
– list of goods or services for which registration of the sign is sought, grouped according to the classes of the Nice Classification of Goods and Services;
– color of the trademark;
– transliteration and translation of the trademark and its definite part.
2) Document certifying the powers of the patent attorney;
3) Regulations of the collective mark incl. the name of the authorized association to have the collective mark registered in its name, the names of all constituting members of the association that are authorized to use the collective mark, the list of goods or services in respect to which the collective mark is intended to be used specifying qualitative or other common characteristics thereof;
4) Document, confirming the priority of the trademark;
5) Document, attesting the right of a foreign applicant in the claimed geographical indication in the country of origin of the goods.
6) Document, confirming payment of state fee.
Important info: Excepting the application form, it is allowed to submit documents in other languages. The application must be submitted in the Azerbaijani language only.
Trademark expertise
After submitting the said documents, they undergo an examination at the Center for Examination of Patents and Trademarks under the Intellectual Property Agency. In general, the examination consists of 2 stages:
– Initial examination (lasts for 1 month).
During the initial examination of a trademark application, the content of the application itself, the availability of the necessary documents, as well as their compliance with the established requirements are checked.
According to the results of the initial examination, the application is accepted, returned for revision or may be rejected.
– Examination (lasts for 6 months). Based on the results of the examination, a decision is made to register a trademark or to refuse registration.
The decision on the results of the examination shall be sent to the applicant within 10 days.
Important info: Trademark registration is valid for 10 years from the date of application for registration of the mark. Each time this period can be extended for no more than 10 years.
Good to know!
Have you ever noticed, that some trademarks have ™ or ® special marks in the top right part?
® mark – symbol of registered trademark. It means “registered”. Basically, it is placed at the top right of the trademark. For example: Wikipedia®. It is a confirmation that this trademark is officially registered and belonging exclusively to this company, and is protected by law for a certain period.
™ mark – symbol of a trademark, which, in general, has not yet passed the official registration procedure, but is currently at the registration stage.
The special ™ mark is used to mark new products at a time when a trademark application has already been filed with the national patent office, but examination has not yet been carried out.
In Azerbaijan law, the status of the ™ mark is not specified in any way, which means that entrepreneurs can use it at their discretion.
FAQ
Can a foreign company register a trademark in Azerbaijan?
Foreign companies or private entrepreneurs can register a trademark in Azerbaijan only with the help of a patent attorney. Local companies and individuals can apply to the Intellectual Property Agency by themselves.
What is the state fee for registering a trademark?
You can find the fees here.
How to detect trademark infringement?
Violations should be monitored mainly by the owner of the mark, or this task should be outsourced. For example, in the EU, the USA and many other countries, even small businesses make sure that brands do not appear on the market that are too similar to their own.
How EMZE can help you?
As an IP Law specialist, I’m always ready to provide you with legal assistance, as:
– check the trademark for similarity (initial analysis);
– prepare and submit an application in accordance with the legislation of Azerbaijan;
– track the application during the entire registration procedure;
– submit the necessary petitions and prepare reasoned responses to requests and comments of the examination, appeal against decisions, amend the application;
– draw up agreements on the transfer of rights, license agreements;
– obtain certificates and renewal of a trademark in Azerbaijan, etc.
You can find other legal services in the field of intellectual property law by visiting “My Services” section.
Need a Lawyer in Azerbaijan? Call Emil!
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