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Efendi Law & IP Consultancy
Baku, Azerbaijan (AZ)
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Azerbaijan (AZ)

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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

Okt 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

Mrz 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

Legal basis is the Trademark Act, in force since June 12, 1998 and amended on April 3, 2009 and December 28, 2018.
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, three-dimensional shape of goods or their packaging and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks and collective marks.
The application is filed at the Patent Office.
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 notarised.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination and substantive examination (on absolugte and relative grounds).
The processing time from first filing to registration is 26-29 months.
After registration, the trademark is published in the Patent Office Bulletin.
Filing of the official opposition is not stipulated by the legislation. Still it is possible to file the informing letter to the Trademark Office with arguments against registration of the trademark. Such letter can be filed within the entire period of examination before the decision is taken.

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.
The grace period is 6 months from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from registration or has later not been used for 5 years continuously, it may be subject to cancellation.

Further practical details are available in our publication on this topic here
The 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 licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Jul 31, 2019
Mikhailyuk, Sorokolat and Partners, Kharkov, Ukraine  

Jul 27, 2017
Mikhailyuk, Sorokolat and Partners, Kharkov, Ukraine  

Mai 18, 2016
Mikhailyuk, Sorokolat and Partners, Moscow, Russian Federation  

Nov 30, 2015
Baker & McKenzie, Baku, Azerbaijan

Apr 15, 2013
Baker & McKenzie, Baku, Azerbaijan

Okt 20, 2011
Bipa, Baku, Azerbaijan

Efendi Law & IP Consultancy

Istiglaliyyet avenue 35
AZ 1001 Baku
Azerbaijan (AZ)

State Committee on Standardization, Metrology and Patent of Azerbaijan Republic
Mardanov Gardashlary street 124
Nasimi district
Baku City
Tel +994 449-99-59
Fax +994 440 52 24

Eurasian Patent Organization (EAPO)
M.Cherkasskiy per. 2
109012 Moscow
Russian Federation
Tel +7 495 41 16 15 0
Fax +7 495 62 12 42 3

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8