Why and how to register a trademark in Azerbaijan

In Azerbaijan, trademark registration is mandatory to be granted rights over a trademark, as it is a "first to file" jurisdiction. Only in some exceptional cases can an unregistered trademark be protected. The trademark applications must be filed with the Industrial Property Office of the Republic of Azerbaijan (AZSTAND).

Azerbaijan is also a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country. For further information regarding our services for trademark filing through the Madrid System click here.

Trademarks in Azerbaijan grant protection in Nagorno-Karabakh. However, this territory is disputed and owners of a registered trademark in Azerbaijan may have difficulties enforcing their rights.

If you register a combined trademark (which includes both word elements and figurative elements) in Azerbaijan, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to pursue legal remedies against it.

During the examination stage of a local trademark application, interested third parties may file non-official opposition actions against it, consisting of a written communication to the trademarks office presenting arguments against its registration. In the case of a trademark filed through the Madrid system, such actions may be taken within 12 months after the publication in the WIPO gazette. 

Once the trademark is registered, cancellation actions may also be filed based on prior rights within five (5) years after the registration. The probabilities of success for such actions will vary in each case depending on the circumstances. 

Although a trademark does not have to be in use in order for it to register, it must not go unused for longer than five years once it is registered or it will become vulnerable to cancellation actions based on lack of use of the trademark.

Registered trademarks in Azerbaijan have a validity of ten (10) years from the application date and can be renewed indefinitely for further periods of ten (10) years. There is a grace period of six (6) months after the expiration date during which the trademark renewal may still be requested upon payment of a late renewal additional fee.

If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Azerbaijan (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.

 

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