The current trademark regulations in Azerbaijan are mainly based on the Trademark Law, which came into effect on June 12, 1998 and was revised on February 19, 2019. The Azerbaijan Trademark Office is responsible for managing trademark affairs and the official language is Azerbaijani. 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 based on "prior use".
Azerbaijan is a signatory to international intellectual property treaties such as the Nice Agreement, WIPO Convention, Nairobi Treaty, and Paris Convention. It has also joined the Madrid Agreement and Madrid Protocol, so trademark registration can be processed through "single country registration" or "Madrid international registration".
At present, the Azerbaijan Trademark Office adopts the Nice classification of goods and services descriptions and accepts applications for multiple categories on one form. The elements that can be registered as trademarks in Azerbaijan include: text, name, graphics, three-dimensional identification, color combination, etc.
If the applicant does not reside in Azerbaijan, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design and color;
2. Category and specific product/service items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of an Azerbaijani trademark is: application - examination - approval - issuance - announcement. After about one week of application submission, the Azerbaijan Trademark Office will conduct formal and substantive examinations. Once the examination is approved, registration will be granted and a registration certificate will be issued; If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If everything goes smoothly, trademark registration in Azerbaijan takes 1 to 1.5 years.
There is currently no objection procedure in Azerbaijan, and anyone who believes that a registered trademark has infringed their rights can apply for invalidation or revocation of the registered trademark to protect their trademark rights.
The Azerbaijani trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within one year before the expiration date, with a grace period of six months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Violating relevant laws and regulations;
2.If a trademark has not been actually used in that country for five consecutive years after registration, anyone may apply for revocation; Except for force majeure.