Trademarks Law in Azerbaijan
Certainly! Here’s an overview of Trademark Law in Azerbaijan:
Trademark Law in Azerbaijan
Legal Framework
Trademark protection in Azerbaijan is governed primarily by the Law on Trademarks and Geographical Indications of the Republic of Azerbaijan (last amended in 2018).
The law aligns with international standards and Azerbaijan's commitments under various intellectual property treaties.
The State Service on Intellectual Property (ASAN Service) under the Ministry of Economy administers trademark registrations.
Key Features
What Can Be Registered as a Trademark?
Any sign capable of distinguishing goods or services, including:
Words, names, letters, numerals
Logos, symbols, designs
Three-dimensional shapes
Colors or combinations thereof
Sounds
Types of Trademarks
Word marks
Figurative marks (logos, graphic designs)
Combined marks (words + images)
Three-dimensional marks
Sound marks
Registration Process
Application is filed with the State Service on Intellectual Property (ASAN Service).
Examination includes formalities check, absolute grounds examination (distinctiveness, descriptiveness), and relative grounds examination (conflicts with prior trademarks).
Publication of accepted applications for opposition within 3 months.
Registration grants exclusive rights in Azerbaijan.
Requirements for Registration
The mark must be distinctive and not generic or descriptive of goods/services.
Must not mislead consumers or be contrary to public order or morality.
Cannot include official state emblems or protected signs.
Duration and Renewal
Trademark protection lasts 10 years from the filing date.
Renewable indefinitely for additional 10-year periods upon payment of renewal fees.
Rights Conferred
Exclusive rights to use, license, assign, or transfer the trademark.
Right to prevent unauthorized use or imitation of the mark.
Protection against counterfeit and infringement.
Infringement and Enforcement
Trademark infringement can be addressed via civil courts.
Remedies include injunctions, damages, and seizure of infringing goods.
Criminal penalties may apply in cases of deliberate counterfeiting.
Customs authorities may be involved to prevent import/export of counterfeit goods.
International Treaties
Azerbaijan is a member of the Paris Convention for the Protection of Industrial Property.
Party to the Madrid Protocol, enabling international trademark registration.
Member of the World Intellectual Property Organization (WIPO).
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