Claim application for the registration of trademarks is submitted to the State Committee for Standardization, Metrology and Patent of the Republic of Azerbaijan (hereinafter Committee) by the claimant.
Claimant can submit the claim application to the Committee as follows:
- through a patent agent registered in the Committee.
If not stated otherwise in the intergovernmental treaties a party of which is the Republic of Azerbaijan, the legal and natural persons with the exception the ones functioning as entrepreneur in the Republic of Azerbaijan can submit claim applications to the Committee only by patent agents
Consisting of an application (special form sheet) and enclosed necessary documents the claim application shall belong under one trademark.
Application for the registration of trademark shall contain:
- name, location, residential address and signature of the claimant (family name, name and signature of the Patent agent, if the claim applicationis submitted through an agent);
- Picture or three-dimensional form of the claimed mark;
- List of goods and services grouped according to Nice Classification;
- Color or color combination of the trademark;
- transliteration and translation of the mark or its certain part.
The following are enclosed to the application:
- document approving state fee payment ;
- in case of the submittal of the claim application by a patent agent, the document approving his authority
- charter of the collective trademark, name of the entity authorized to register the collective trademark on his behalf, list of all entity members enjoying the right of using the collective trademark, unique quality and other features, list of the goods and services to which the trademark will belong;
- if necessary, the document approving the priority of the trademark according to the Article 10 of the Law on trademarks and geographical indications;
- document and reference issued by relevant executive power authority about establishment of the claimant in the given geographical object, and approving the manufacture of goods and rendition of services, popularity or peculiarities of which comes mainly from its geographical origin;
- document approving the geographical indication in the country of origin of the good to which the claimant claims.
Application for registration of a trademark or a geographical indication is submitted in Azerbaijani.
PRIORITY OF A TRADEMARK.
Priority of a trademark is established from the date of the acceptance of the claim application in the Committee.
Priority can also be established from the date of the submittal of the first claim application in a country participating in Paris Convention (priority of convention). In this case the claim application shall be delivered to the Committee within 6 months after this date.
Priority of the trademark placed in the exhibits at the official international exhibitions organized in the territory of a country participating in Paris Convention can be established from the date of the public demonstration of the exhibit. (Priority of exhibition).
Examination of the claim application for a trademark or a geographical indication is realized by the Committee in accordance with the defined order in two phases of initial examination and examination.
During the period of examination of the claim application and before the decision is made, the claimant can finalize, amend or clarify the materials of the claim application by paying the fixed state fee.
If the additional materials change the substance of the trademark submitted for registration or include inhomogeneous services and goods into the list of services and goods enumerated in the claim application, then these materials are not accepted for consideration and can be made official by the claimant as an independent claim application.
Claim application can be separated into several claim applications by the claimant or on his request by dividing goods and services enumerated in the claim application. The separated claim application retains the date of issuance of the first claim application and the priority of the claimed trademark.
WITHDRAWAL OF A CLAIM APPLICATION
Claim applications on a trade mark or a geographical indication can be withdrawn on the request of the claimant in any stage of its consideration.
Preliminary examination of claim applications for a trademark or a geographical indication is carried out within 1 month after the acceptance of the claim applications. During the preliminary examination of claim applications for a trademark or a geographical indication the content of the claim application, availability of necessary documents, as well as the conformity to requirements is checked. Based on the results of the preliminary examination, the claimant is informed about the acceptance or refusal of the claim application for consideration.
EXAMINATION OF TRADEMARKS AND GEOGRAPHICAL INDICATIONS
Examination of trademarks is carried out within 6 months after the finalization of the preliminary examination.
Based on the results of the examination, a justified decision is made on the registration or on the refusal of registration of the trademark or geographical indication.