Intellectual property refers to the “products” of the human brain – literary and artistic works, designs, inventions, etc. In this regard, Intellectual Property Law is a field of law that protects and implements the rights of creators and owners of inventions, writings, music, designs and other works known as “intellectual property”. The field itself is divided into two major groups, which include copyright (copyright and related rights) and industrial property (inventions, utility models, trademarks, know-how).
- What is a trademark?
A trademark is any combination of a mark or marks that distinguishes the goods or services of an entrepreneur from the goods or services of another entrepreneur and is being able to be graphically described. The following marks may be registered as trademarks:
- words, personal names, letters, numbers, descriptive elements, the shape or packaging of goods, any combination of colors and the above.
However, it should be noted that it is not enough for a mark to belong to any of the above categories in order to be considered a trademark. Thus, as can be seen from the definition given to a trademark by the legislator, in order for any mark to be considered a trademark, it must have two main features:
- Distinctive ability;
- Ability to be visually described.
Trademarks that contain only these features and fall into one of the listed categories are considered trademarks.
- Why is trademark registration important?
First of all, it should be noted that the registered trademark gives the owner an exclusive right. This means that only the owner of a trademark has the exclusive right to the trademark and may prohibit others from illegally using his/her trademark. In addition, the following reasons prove the importance of trademark registration:
- The registered trademark distinguishes the goods and services of one manufacturer from the goods and services of another manufacturer. Here the form and design of the commodity are the main features;
- Registration protects you from violations of the law and unfair competition. In addition, it gives grounds to rule in favor of the trademark holder in the event of illegal use of the trademark by a third party or in disputes arising in litigation;
- The registered trademark guarantees the high quality of the product. This not only increases consumer confidence in the product, but also helps them to distinguish it from counterfeit products;
- Recognition of a trademark, ie gaining popularity among consumers, helps its owner to earn more in the market.
- Trademark registration
Registration of a trademark in Azerbaijan is carried out by the Patent and Trademark Examination Center of the Azerbaijan Intellectual Property Agency. Due to the proper examination by the Center, the period of completion of trademark registration can vary from 6 to 10 months.
The process of trademark registration consists of various stages. Foreign legal entities or individuals must participate in the registration of trademarks in Azerbaijan through a patent attorney. Local legal entities and individuals are free to apply to the Intellectual Property Agency. According to the Decision of the Cabinet of Ministers of the Republic of Azerbaijan “On approval of the Rules for submission and examination of trademark application”, the applicant (legal entity or individual) submits the application for trademark registration to the Agency. This claim must be a trademark, consisting of an application and the necessary documents attached to it.
The following must be indicated in the application for trademark registration:
- name, place of residence or residence, signature of the claimant (surname, name, address and signature of the patent attorney, if the claim is filed through a patent attorney);
- the image or three-dimensional form of the claimed mark (if the mark is three-dimensional);
- Grouped list of goods and services for the registration of marks according to the Nice classification;
- the color of the trademark;
- transliteration and translation of the mark or a certain part of it.
The following is attached to the application:
- a document confirming the payment of the service fee (payment);
- a document confirming the powers of the patent attorney when the claim is filed through a patent attorney (power of attorney);
- the charter of the collective mark, the name of the subject authorized to register the collective mark in its name, the list of all members of the subject entitled to use the collective mark, the list of goods or services to which this mark belongs, their uniform quality and other features;
- if necessary, a document confirming the priority of the trademark (in accordance with Article 10 of the Law);
- if necessary, a document confirming the exhibition priority of the trademark.
An application for trademark registration shall be submitted in the Azerbaijani language. Other documents included in the claim may be submitted in the Azerbaijani language or in other languages.
As an ACON team, we will be pleased to provide legal services related to the registration and protection of trademarks in the Republic of Azerbaijan!
- ACON – LAW AND INVESTMENT, Establishment of representative offices and branches of foreign companies, https://acon.az/establishment-of-representative-offices-and-branches-of-foreign-companies/ (2022).
- ACON – LAW AND INVESTMENT, Points to pay attention to in connection with the state registration of companies, https://acon.az/points-to-pay-attention-to-in-connection-with-the-state-registration-of-companies/ (2022)