Trademark registration

A trademark constitutes a critical instrument for a business to distinguish itself and establish recognition in the marketplace. It allows consumers to distinguish products and services from competitors and creates an initial impression about the business. However, an unregistered trademark can lead to an increase in counterfeiting and cause confusion among consumers. This article provides a brief overview of trademark registration.

1. Legal regulation and competent authority in the field of trademarks

The registration, use, and legal protection of trademarks are governed by the Law of the Republic of Azerbaijan “On Trademarks and Geographical Indications” No. 504-IQ, dated June 12, 1998.
The authority responsible for registering trademarks is the Intellectual Property Agency of the Republic of Azerbaijan (hereinafter referred to as the Agency).

2. Registration of a trademark

1. General Information on Registration

Trademark registration is carried out electronically. At the initial application stage, the description of the trademark, its classes, and a graphic representation of the trademark must be submitted. Once the application is accepted, the registration process involves a two-stage examination.

First stage: A preliminary examination is conducted, during which a general review of the applicant is performed.

Second stage: After a positive result from the preliminary examination, the trademark is sent for substantive examination. It should be noted that at the time of application, the applicant has the option to request either an accelerated or regular examination. If accelerated examination is chosen, the substantive examination takes 1 month; if the regular procedure is selected, this period is 6 months.

If the substantive examination results are positive, the trademark is registered. At this stage, the applicant can also apply for the issuance of the relevant certificate. Once the state fee is paid, the trademark registration certificate is issued within one month. The legal validity of state registration of a trademark is 10 years. After this period, an application must be submitted to the Agency to extend the registration.

Overall, the trademark registration process takes approximately 3 months for accelerated substantive examination and 7–8 months for the regular procedure.

2. Trademark Classes and Their Importance

Selecting the correct class for a trademark is an important aspect of the registration process.

Trademark classes are used to classify goods and services. This classification is based on the international Nice Classification and consists of 45 classes. The purpose of these classes is to define the scope of protection for the trademark, prevent confusion between trademarks, and provide clarity.

3. State duty for trademark registration

The state fees for trademark registration are regulated by the Decision No. 247 of the Cabinet of Ministers of the Republic of Azerbaijan, dated May 27, 2019.

Accordingly, the fees for trademark registration are as follows:

- Preliminary examination for one class – 203 AZN

- For each additional class beyond the first – 60 AZN per class

- Accelerated examination – 180 AZN

- Issuance of the certificate – 45 AZN

It should be noted that the payment amounts are determined by the Agency, and the system displays all payments and their history. All payments must be made through the Government Payment Portal.

4. Conclusion.

The trademark registration process encompasses key aspects that affect its protection, with the correct selection of classes being particularly important. At Ironwood Consulting, we are ready to provide professional support throughout all stages of trademark registration and in ensuring the accurate selection of classes.