Azerbaijan Intellectual Property

Azerbaijan is a country located at the crossroads between Europe and Asia, making the country an important link in trade and transportation of goods between these regions. Azerbaijan is also a significant source of oil and gas – the country is currently an important source of energy for many European and Asian countries, especially in the context of the current shortage of gas resources. Azerbaijan also has a coastline on the Caspian Sea, which opens up opportunities for marine economic development and trade with other countries around the Caspian Sea. The Azerbaijani government has also focused on economic development and diversification of sources of income, using its geographical advantage to attract investment and enhance economic development. Therefore, more and more businesses need to invest and develop their brands here. One of the important conditions to be able to develop a business is the registration of trademarks. Trademark registration is not only to assert the position of the business, but also to help distinguish it from other competitors, in addition to being an asset for business valuation. Viet An Law Firm will guide you through the procedure for trademark registration in Azerbaijan through the article below.

Legal basis

• Law of the Republic of Azerbaijan No. 504-IQ of June 12, 1998, on Trademarks and Geographical Indications (as amended by Law No. 823-IVQD of November 22, 2013;
• Other relevant legal documents.

Definition of brand in Azerbaijan

According to the Law of the Republic of Azerbaijan on Trademarks and Geographical Indications, a trademark is defined as “any sign or combination of signs that can be represented graphically and capable of distinguishing the goods and services of one business entity from those of another.”

This means that a brand can be anything that can be represented visually and help consumers identify the origin of goods or services. Include words, logos, taglines, designs, or even shapes or colors.

Here are some of the main characteristics of the brand in Azerbaijan:

• Registration: To be protected, a trademark must be registered with the State Agency of Standards, Metrology and Patents of the Republic of Azerbaijan.
• Exclusivity: The registered trademark owner has the exclusive right to use the trademark in Azerbaijan for the goods or services for which the trademark is registered.
• Territory: Trademark protection is valid only on the territory of Azerbaijan.
• Expiry date: The trademark is valid for 10 years from the date of filing, but can be renewed indefinitely.

Benefits of trademark registration

• Exclusive right to use: This is the most important benefit of trademark registration. By registration, you become the rightful owner of the trademark and have the right to prevent others from using it without your permission. This helps protect your brand from copying, copying, or unauthorized use.
• Build goodwill: Trademarks that are registered and used for a long time will gradually build goodwill with customers. Customers will trust the quality and origin of the branded product/service, helping you increase your reputation and revenue.
• Product/service differentiation: Trademarks help differentiate your product/service from your competitors. This makes it easy for customers to identify and choose your products, creating a competitive advantage in the market.
• Prevention of infringement: Trademark registration allows you to easily detect and handle infringements such as counterfeiting, trademark counterfeiting. You can sue violators to protect your rights.
• Create an intangible asset: A trademark is registered as a valuable intangible asset. You can assign the right to use the trademark, license it to a third party, or use it as collateral for a loan.
• Promote international trade: Registering trademarks in other countries helps you protect your brand in international markets, facilitating the export of products/services.

Trademark registration dossier in Azerbaijan

• Application form: Complete the application form provided by the State Agency of Standards, Metrology and Patents of the Republic of Azerbaijan (AzSSTP). The language used must be Azerbaijani or English. Submit 3 originals and 2 copies.
• Statement of ownership: To confirm that you are the rightful owner of the trademark.
• Trademark sample: Submit 10 copies that accurately represent the trademark. Format: black and white or color photo, good quality. Dimensions: 8×8 cm.
• List of goods and services: A detailed list of goods and services for which the applicant wishes to register a trademark.
• Proof of trademark use (if applicable)
• Fee payment receipt

Note: The application for registration of a trademark is submitted by the applicant to the State Agency of Standards, Metrology and Patents of the Republic of Azerbaijan. The Applicant may submit a written application to the Authority in the following manner: In person; Through a patent attorney registered at the Authority. Foreign legal entities and individuals, except those engaged in enterprise activities in the Republic of Azerbaijan, may only submit written applications to the Authority through patent lawyers, unless otherwise provided for in federal treaties to which the Republic of Azerbaijan is a party.

How to file for trademark registration in Azerbaijan

To apply for trademark protection in Azerbaijan, you can apply by the following filing methods:

• Direct submission: You can go directly to  the State Bureau of Standards, Metrology and Patents of the Republic  of Azerbaijan at 84, U.Hajibayli street Government House AZ1000 Baku to submit your application and related documents.
• By Post: You can send your application form and all necessary documents via postal service or courier service to the address of the  State Office of Standards, Metrology and Patents of the Republic of Azerbaijan  at 84, U.Hajibayli street Government House AZ1000 Baku
• Submit online via the website: https://www.e-gov.az/az/services When applying online, you should pay attention to the payment of the relevant fee according to the instructions of the  State Agency of Standards, Metrology and Patents of the Republic of Azerbaijan.

Trademark registration fee in Azerbaijian

The fee for registering a trademark in Azerbaijan depends on several factors, including:

• Number of groups of goods and services: The fee will increase according to the number of groups you apply for protection.
• Trademark type: The fee for a combined trademark (including images and words) is higher than for a word-only trademark.
• Application method: Applying online is usually cheaper than filing in person or by mail.

Trademark registration in Azerbaijian through the Madrid System

Azerbaijan has been a member of the Madrid System for the International Registration of Trademarks since April 15, 2007. This means that trademark owners in Azerbaijan can:

• Filing an international trademark application through the Madrid System: Allows them to designate multiple countries (including Azerbaijan) for protection with a single application. This can be a more efficient and cost-effective way to obtain trademark protection in multiple countries than filing separate national applications.
• Designation of Azerbaijan in an international trademark application filed in another member state: Allows them to extend the scope of protection of existing international trademark registration to Azerbaijan.

Here are some key points about the Madrid System in Azerbaijan:

• Designated office: State Office of Standards, Metrology and Patents of the Republic of Azerbaijan (AzSSTP) is the designated office for the reception of international trademark applications in Azerbaijan.
• Official language: The official language for an international trademark application in Azerbaijan is English or French.
• Fees: The fee for using the Madrid System is charged separately from the national fee. You can find more information about Madrid System fees here: https://www.wipo.int/madrid/en/how_to/file/fees.html

Benefits of using the Madrid System in Azerbaijan:

• Cost savings: Filing an international trademark application can be cheaper than filing separate national applications, especially if you want protection in multiple countries.
• Simple process: The Madrid system provides a centralized system for filing and managing international trademark applications, which can be simpler than filing separate national applications.
• Faster registration: International trademark applications can sometimes be registered faster than national applications.

Trademark registration service in Azerbaijan of Viet An Law Firm

• Carry out the search and notify you in writing the results of trademark search in Azerbaijan;
• Drafting dossiers and directly submitting and monitoring the status of trademark application filings in Azerbaijan on behalf of trademark owners;
• Inform, advise and handle deficiencies/refusals of competent State authorities (if any) in the process of monitoring trademark applications in Azerbaijan;
• Assist in monitoring, representing the resolution of objections and feedback with intellectual property representatives carrying out procedures in Azerbaijan.
• Receive dispatches, certificates and hand over to customers (if any).

If you want to file a trademark application in Azerbaijan, please contact Viet An Law Firm for the most effective support.