The short answer
An Azerbaijani trademark registration is valid for 10 years from the date the application was filed and can be extended without limit for further 10-year periods. A further 6 months is available after expiry with an additional fee. Appeals go to the Board of Appeal within 3 months. A mark can be cancelled after 5 years of non-use. Foreign applicants must file through a patent attorney.
Trademark deadlines in Azerbaijan at a glance
These rules come from the Law of the Republic of Azerbaijan on Trademarks and Geographical Indications (No. 504-IQ of 12 June 1998), in the English translation published by the Azerbaijani IP office. WIPO Lex lists amendments up to December 2022, so we confirm the current text and fees before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years, extendable without restriction for further 10-year periods (Article 21). |
| Which date does the term count from? | The date the application was filed with the Agency (Article 21), not the certificate date. |
| When can I renew? | The owner files an application and pays the fee to extend the registration for another 10 years (Article 21). The text we reviewed does not fix an advance window for trademarks, so we diarise the renewal well before the 10th anniversary of filing. |
| Is there a grace period? | Yes. After expiry the owner can get a 6-month extension by paying an additional state duty (Article 21). |
| Opposition period | The text we reviewed has no pre-registration opposition. Any person can instead ask the Board of Appeal to cancel a registration for the reasons listed in Article 31, and the decision can be appealed in court within 3 months (Article 31). |
| Reply to an office action | The Agency may ask for more material, and the applicant has 2 months to reply, extendable by another 2 months. Before a refusal, the applicant can send arguments within 2 months of the notice. A decision can be appealed to the Board of Appeal within 3 months, and then to court within 3 months (Articles 11, 14 and 15). |
| Priority claim | Convention priority applies if the application is filed in Azerbaijan within 6 months of the first filing in a Paris Convention country. The priority claim must be made within 3 months of filing (Article 10). |
| Non-use | The Board of Appeal can cancel a registration for non-use for 5 uninterrupted years since registration, or 5 years before an application by any person. It considers the application within 3 months. Reasons beyond the owner's control, such as import restrictions, are taken into account (Article 30). |
| Assignment | The owner can assign the right to a trademark by contract for all or some of the goods. The agreement must be registered with the Agency and published in the bulletin, and a fee is paid (Article 28). Licences and pledges are registered in the same way. |
Who can register a trademark in Azerbaijan
Any person can apply, directly or through a patent attorney, but foreign applicants must use a patent attorney. One application covers one mark, classified under the Nice classification (Article 9).
Representation. Foreign legal entities and individuals deal with the Agency on trademarks only through patent attorneys, unless a treaty provides otherwise (Article 9). The application is in Azerbaijani, and translations of other documents are due within 2 months of filing.
Trademark registration process in Azerbaijan
Search
- Search the the Intellectual Property Agency of Azerbaijan (the "relevant executive authority") records for identical or similar marks in your classes.
File the application
- File with the the Intellectual Property Agency of Azerbaijan (the "relevant executive authority"), through your Azerbaijani patent attorney.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After registration, any person can ask the Board of Appeal to cancel on the grounds in Article 31.
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Intellectual Property Agency of Azerbaijan (the "relevant executive authority") and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Azerbaijan trademark validity and renewal
- The term is 10 years from the filing date.
- Extend for further 10-year periods by application and fee.
- An extra 6 months is available after expiry with an additional fee.
- Use the mark within 5 years to avoid cancellation.
Diarise the expiry date from the date stated on your certificate and renew early.
Assignment, licence and changes to a Azerbaijani trademark
Assignment
Change of ownership
Register the agreement with the Agency and pay the fee so it can be used against third parties (Article 28).
Licence
Licensing the mark
The quality of the licensee's goods must not be lower than the licensor's (Article 28).
Name or address
Change of details
Inform the Agency of changes. They are entered on payment of the fee (Article 22).
Pledge
Using the mark as security
A pledge agreement is registered with the Agency (Article 28).
Non-use and cancellation of a Azerbaijani trademark
The Board of Appeal can cancel a registration for non-use for 5 uninterrupted years (Article 30). It also cancels on the grounds in Article 31, such as expiry, renunciation, liquidation of the owner or proven unfair competition. Any person can appeal for cancellation on payment of the state fee.
Keep dated proof of use in Azerbaijan: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Azerbaijan
Search the State Register kept by the Agency and watch its official bulletin. Registration is entered within 1 month of the decision, and the certificate is issued within 1 month after that (Articles 17 and 19).
Sources used
- Law of the Republic of Azerbaijan No. 504-IQ of 12 June 1998 on Trademarks and Geographical Indications, English translation on the website of the Azerbaijani IP office (COPAT): Articles 9 to 11, 13 to 17, 21, 22, 28, 30 and 31.
- WIPO Lex lists the law as amended up to Law No. 702-VIQD of 20 December 2022. The Agency has the current fees and forms.
Azerbaijan trademark FAQ
How long does a trademark last in Azerbaijan, and from when?
10 years, extendable without restriction for further 10-year periods (Article 21). It counts from the filing date (Article 21).
When should I renew a Azerbaijani trademark, and is there a grace period?
The owner files an application and pays the fee to extend the registration for another 10 years (Article 21). The text we reviewed does not fix an advance window for trademarks, so we diarise the renewal well before the 10th anniversary of filing.
What is the opposition period in Azerbaijan?
The text we reviewed has no pre-registration opposition. Any person can instead ask the Board of Appeal to cancel a registration for the reasons listed in Article 31, and the decision can be appealed in court within 3 months (Article 31).
How much does it cost to register a trademark in Azerbaijan?
The official fee is set by the the Intellectual Property Agency of Azerbaijan (the "relevant executive authority") and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Azerbaijan?
Yes, but foreign companies and individuals must file through a patent attorney registered in Azerbaijan. The application is in Azerbaijani and we arrange the translation (Article 9).
Can I assign a Azerbaijani trademark?
The owner can assign the right to a trademark by contract for all or some of the goods. The agreement must be registered with the Agency and published in the bulletin, and a fee is paid (Article 28). Licences and pledges are registered in the same way.
Can a Azerbaijani trademark be cancelled for non-use?
The Board of Appeal can cancel a registration for non-use for 5 uninterrupted years since registration, or 5 years before an application by any person. It considers the application within 3 months. Reasons beyond the owner's control, such as import restrictions, are taken into account (Article 30).
How can I check the status of a Azerbaijani trademark?
Use the the Intellectual Property Agency of Azerbaijan (the "relevant executive authority") register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Convention priority applies if the application is filed in Azerbaijan within 6 months of the first filing in a Paris Convention country. The priority claim must be made within 3 months of filing (Article 10).
How do I change the owner's name or address?
Record the change with the the Intellectual Property Agency of Azerbaijan (the "relevant executive authority") so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Azerbaijan
SUPREMEiP® files trademarks worldwide through its network and checks every Azerbaijani deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
