Jun 14, 2023 (Newsletter Issue 6/23)
New Electronic Service
An electronic portal of the Appeals Board of the Intellectual Property Agency adjudicator of Industrial Property Disputes was established.
The aim of the project is to improve management in the field of protection of industrial property objects, apply to the Appeals Board, digitalize, speed up and increase the efficiency of clerical work by applicants, parties to the case or members of the Appeals Board in the documentation process.
It should be noted that this electronic service was developed at the expense of the internal resources of the Agency.
Source: www.copat.gov.az
Oct 20, 2021CIS Countries Sign New Cooperation Agreement against Use of False TMs and GIsOn May 28, 2021, the CIS Council of Heads of Government signed the Agreement on Cooperation of CIS Member States on Prevention and Suppression of Use of False Trademarks and Geographical Indications. The member states of the Commonwealth of Independent States are Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, and Uzbekistan.
The document replaces the existing Agreement signed in 1999, inspired by the TRIPS Agreement and the Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods. It was aimed at establishing the coordination mechanism among the law enforcement bodies to protect the interests of rightsholders and consumers against unfair use of indications on products.
The reviewed act optimizes the arrangements of the Parties, adjusts terminology, and updates the legal acts underlying the cooperation. The new Agreement shall enter into force 30 days after the third Party deposits a written notification that it has completed its domestic procedures. For those Parties that complete their domestic procedures later, the Agreement shall enter into force 30 days after the deposit of their written notifications.
For more information, please check hereSource: www.rosepatent.gov; www.petosevic.com Feb 11, 2021 (Newsletter Issue 3/21)
Ratification of Protocol on Protection of Industrial Designs
On December 9, 2020, Azerbaijan deposited the instrument of ratification of the Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention with WIPO.
The Protocol on the Protection of Industrial Designs shall enter into force on March 17, 2021, in respect to the first three states that have ratified it - the Republic of Azerbaijan, the Republic of Armenia and the Kyrgyz Republic.
Source: www.eapo.org
Sep 02, 2014 (Newsletter Issue 13/14)
Official Fees Changed
Since 4 August 2014, the official fee for trademark filing and examination in Azerbaijan is 175 AZN in one class for black & white as well as for colour trademarks.
Before, the official fees for trademark filing and examination have been different for black & white trademarks and colour trademarks.
The rest of the official fees have remained unchanged.
Source: Mikhailyuk, Sorokolat & Partners, Ukraine
Oct 01, 2013 (Newsletter Issue 14/13)
Official Fees Increased
According to the decrees of the Cabinet of Ministers Nos. 208 and 209 of the republic of Azerbaijan official fees for trademarks have been changed as of August 25, 2013.
The major changes in the fees relating to trademarks are the following. Official fee for filing a trademark application in black and white execution has become AZM 201 for one class in contrast to the earlier stipulated AZM 60 for up to 5 classes. Besides, according to former regulations black and white and color trademarks were charged equally, while currently official filing fee for a color trademark is higher than for a black and white one.
Source: Mikhailyuk, Sorokolat & Partners, Ukraine
Mar 06, 2012 (Newsletter Issue 4/12)
Electronic System for IP Rights Registration
Azerbaijan has formed a special group on creation of electronic system for registration of intellectual property rights. The work will be implemented at the expense of 4.2 million USD (3.2 million EUR) grant provided by the Korean government for 2-year project realization.
On October 11, 2011 the State Committee on Standardization, Metrology and Patents of Azerbaijan signed a grant agreement with the Korean Foreign Affairs and Trade Ministry on automation of intellectual property rights registration. The agreement is aimed at securing the effictive system of IP rights management, establishing a digital library and information system, training specialists and providing the stable intellectual rights registration system in Azerbaijan.
Source: Mikhailyuk, Sorokolat and partners, Ukraine
The legal basis is the Trademark Act, in force since June 12, 1998, and amended on February 19, 2019.
Azerbaijan is a member of the Madrid Agreement and Madrid Protocol.
Trademark protection is obtained by registration.
Trademarks which were protected in the former Soviet Union are protected in Azerbaijan only, if they were transcribed until December 31, 1995.
Nice classification, 11th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, combinations or shades of colours, the three-dimensional shape of goods or their packaging and any combination of the mentioned signs.
The following trademark types are registrable: trademarks (goods and/or services) and collective marks.
The application is filed at the Patent and Trademark Office of Azerbaijan (AzPTO).
Multiple-class applications are possible.
Foreign applicants need a local agent. Only licenced patent attorneys are authorised to act on behalf of the foreign applicant before state agencies on trademark issues.
A signed and stamped power of attorney is required. In case stamp is not available the document must be notarized.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination and substantive examination (on absolute and relative grounds).
The entire procedure of trademark registration from filing to issuance of the registration certificate takes from 16 to 20 months.
After registration, the trademark is published in the Patent Office Bulletin.
National:The possibility of filing an official opposition is not stipulated for trademark applications. Only an informational letter can be sent to the examiner while the application is still undergoing examination.
However, once the examination is finished and the trademark is registered, any person can apply to the Board of Appeals of AzPTO with an official opposition (appeal) against such registered trademark. A three-month time frame is established for the Board of Appeal to render its decision upon receipt of the objection (appeal). The official fee is AZN 80.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for trademark filing and examination in Azerbaijan is AZN 175 in one class and AZN 40 for each additional class. The registration fee is AZN 45,00.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
If you like to purchase all available information for this country, click the order button.
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