Claim application for the registration of a geographical indication 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 geographical indication.
Application for the registration of a geographical indication shall contain:
- name, location, residential address and signature of the claimant (family name, name and signature of the patent agent, if the claim application is submitted through an agent);
- Picture of the claimed geographical indication;
- Name of the service or good to which the geographical indication will belong;
- Limits of the geographical object in which the good is produced or the service is rendered;
- description of the features of the good.
The following are enclosed to the application:
- Document approving the 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 the registration of a geographical indication is submitted in Azerbaijani.
Examination of the claim application for 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
WITHDRAWAL OF A CLAIM APPLICATION
Claim applications on 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 geographical indication is carried out within 1 month after the acceptance of claim applications. During the preliminary examination of claim applications for 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 GEOGRAPHICAL INDICATIONS
Examination of geographical indications 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 geographical indication.