How to Register a Trademark in Azerbaijan
Overview of the legal framework
Law on trademarks and geographical indications
Trademark protection in Azerbaijan is regulated by the Law of the Republic of Azerbaijan on Trademarks and Geographical Indications. The law defines a trademark as any sign or combination of signs that can be graphically represented and is capable of distinguishing the goods or services of one undertaker from those of another. It also governs collective marks and geographical indications and sets out the examination and registration procedures.
Under the law, legal protection is afforded only through registration by the Intellectual Property Agency (sometimes referred to as the Patent and Trademark Examination Center) and through international agreements to which Azerbaijan is a party. Azerbaijan acceded to the Madrid Protocol (the international system for registering marks) on 15 January 2007, and the protocol entered into force for Azerbaijan on 15 April 2007. Foreign applicants may therefore register through the Madrid System or file directly in Azerbaijan.
Government bodies and online filing
The Intellectual Property Agency of the Republic of Azerbaijan (IP Agency) is the executive authority responsible for examining and registering trademarks. Since June 2022, the Agency has only accepted applications electronically via the Patent and Trademark Open Target (PANAH) online system or, in exceptional cases, on paper at its headquarters in Baku.
Who can apply
Local applicants
Individuals or legal entities residing or established in Azerbaijan can file a trademark application directly with the IP Agency. The application may be signed by the applicant or by an authorized representative.
Foreign applicants and patent attorneys
Foreign natural persons or legal entities must appoint a registered patent attorney to file an application in Azerbaijan. This requirement ensures that foreign applicants receive professional representation and that the application meets local formalities. Article 36 of the law states that foreign individuals and entities enjoy the same trademark rights as Azerbaijani applicants, unless an international treaty provides otherwise.
Pre‑filing considerations
Conduct a preliminary search
Although the law does not mandate a pre‑filing search, applicants are advised to check whether their proposed mark conflicts with earlier rights. The IP Agency maintains an open register of trademarks, and WIPO’s Global Brand Database can be used to identify similar marks. A search helps avoid refusals based on earlier registrations.
Check absolute and relative grounds for refusal
The law lists absolute grounds for refusal. Signs that designate the kind, quality, quantity, intended purpose, value, or place of origin of the goods, or common terms used in the trade, cannot be registered. Symbols contrary to public order, morality, or ethics, or signs that mislead consumers about the nature or geographical origin of goods, are also prohibited. Relative grounds for refusal arise when a proposed mark is identical or confusingly similar to an earlier trademark or well‑known mark. Evaluating these grounds early saves time and costs.
Choose the appropriate classification
Azerbaijan uses the Nice Classification of goods and services. Applicants must identify the classes relevant to their goods or services and describe them clearly. An application covers only one mark, but it may include multiple classes; however, fees increase with additional classes.
Preparing the application
Required information
Under Article 9 of the law, an application must include:
- Applicant details: name, headquarters or residence, and signature. If filing through a patent attorney, the attorney’s name, address, and signature must also be indicated.
- Reproduction of the mark: a graphical representation of the sign or three‑dimensional form. Colour marks should specify the colours used.
- List of goods or services: grouped according to the Nice Classification.
- Transliteration/translation: where the mark includes words in a foreign alphabet or language, a transliteration and translation must be provided.
Supporting documents
The application must be accompanied by:
- Proof of payment of the state fee.
- Power of attorney if the application is filed via a patent attorney.
- Regulations for a collective mark (if applicable), including the authorised association and the list of goods/services.
- Priority documents: if Convention or exhibition priority is claimed (e.g., under the Paris Convention), relevant documents must be provided.
- Evidence of the applicant’s location within the geographical area and its reputation when registering a geographical indication.
Language requirements
Applications must be filed in the Azerbaijani language. Supporting documents may initially be filed in another language, but a translation into Azerbaijani must be submitted within two months. Failure to submit translations or other required documents within the prescribed time limits may lead the application to be considered not submitted.
Filing the application
Submission via PANAH
Applicants must submit the trademark application through the online system or, in limited circumstances, in person at the IP Agency’s headquarters. The online portal guides users through creating an account, filling out the application form, uploading the mark representation and supporting documents, and paying the state fee.
Payment of fees
According to the IP Agency’s 2022 fee schedule, the following state fees apply (values in Azerbaijani manat; approximate equivalents may vary):
| Service | Fee (AZN) |
| Preliminary examination of the application | 60 |
| Examination of the application | 203 |
| Registration of a trademark (one mark) | 120 |
| Registration of multiple trademarks (each additional mark) | 75 |
| Requesting Convention or exhibition priority | 23 |
| Extending the time to submit additional documents (2 months) | 38 |
| Correcting application materials after examination begins | 45 |
| Extension of payment deadline after registration (per month, up to 6 months) | 8 |
The preliminary examination and substantive examination fees are paid at the time of filing, while the registration fee is due after the IP Agency notifies the applicant of acceptance. Proof of payment must be uploaded through PANAH.
Examination and registration process
Preliminary examination (1 month)
Upon receipt of the application, the IP Agency conducts a preliminary examination within one month to verify the completeness of the documents and compliance with formal requirements. The applicant is notified whether the application has been accepted or rejected. If accepted, the IP Agency informs the applicant of the filing date and the priority date.
Substantive examination (up to 6 months)
After the preliminary examination, a substantive examination is conducted within six months to determine whether the mark meets the definition of a trademark and does not fall under the absolute or relative grounds for refusal. During this stage, the examiner may request additional materials. Applicants have two months to submit requested materials, and this period may be extended by an additional two months on payment of a state fee. If the applicant does not respond within the prescribed time, the application is deemed withdrawn.
The law provides an option for accelerated examination: the applicant may request that the examination be completed within one month by paying an extra fee. However, the final decision still depends on the complexity of the mark and possible conflicts.
Decision and payment of registration fee
Following the substantive examination, the IP Agency issues a decision either to register the mark or to refuse registration. If registration is approved, the applicant must pay the registration and publication fees within two months from the date of notification. Failure to pay on time results in the application being considered abandoned.
Registration and certificate
Once the registration fee is paid, the IP Agency enters the trademark into the State Register and issues a certificate within one month. The register records include the mark reproduction, owner’s details, priority date, and the list of goods/services. The Agency also publishes the registration details in its official bulletin, informing the public about the new trademark.
Validity, renewal, and maintenance
Duration of protection
A registered trademark in Azerbaijan is valid for ten years from the date of filing. The registration can be renewed for successive ten‑year periods without limitation, provided the owner submits a renewal application and pays the fee. A renewal request must be filed within the final year of the validity period.
Grace period and late renewal
If the owner misses the deadline to renew, a six‑month grace period is available. During this period, the owner may still renew the mark by paying an additional fee. The 2022 fee schedule sets the extension fee at 8 manats per month.
Use requirements and non‑use cancellation
Unlike some jurisdictions, Azerbaijan does not require proof of use during registration or renewal. However, if a trademark is not used continuously for five years, any interested person may apply to the IP Agency’s Appeals Commission for cancellation. The Commission considers the request and may cancel the registration unless the owner proves that the non‑use was due to circumstances beyond their control. Thus, even though use is not required to maintain registration, continued use helps prevent challenges.
Assignment and licensing
Trademark owners may assign their rights or grant licences. Assignment or licence agreements must be registered with the IP Agency and published upon payment of a fee. Without registration, these agreements cannot be enforced against third parties.
Timeline overview
| Stage | Approximate time | Key points |
| Application submission | Day 0 | File via PANAH with required documents and pay preliminary/examination fees. |
| Preliminary examination | Within 1 month | Agency checks formalities and notifies applicant of acceptance. |
| Substantive examination | Up to 6 months | Examination of absolute and relative grounds; applicant may be asked to supply additional materials. |
| Decision | After completion of examination | Agency issues a decision to register or refuse. |
| Payment of registration fee | Within 2 months after notification | Applicant pays registration and publication fees. |
| Registration and certificate | Within 1 month after fee payment | Trademark is entered in the register and certificate is issued. |
In practice, the entire process often takes 8-12 months, depending on the complexity of the mark, responsiveness of the applicant and workload of the IP Agency.
Tips for a successful application
- Choose a distinctive mark: Avoid descriptive words or common terms; consider creating coined or fanciful marks to reduce the risk of refusal under Article 5.
- Perform a comprehensive search: Use the IP Agency’s register and WIPO databases to identify conflicting marks. If similar marks exist, consider modifying the mark or limiting the goods/services to avoid confusion.
- Prepare documents carefully: Ensure that the representation of the mark is clear, the list of goods/services is accurate, and that all required documents (e.g., POA, fee receipts, translations) are ready. Missing documents or late submissions cause delays or rejection.
- Respond promptly to examiner requests: Additional materials must be provided within two months; delays may lead to the application being deemed withdrawn.
- Maintain use: Use the mark in commerce to avoid non‑use cancellation after five years.
Conclusion
Registering a trademark in Azerbaijan involves preparing a precise application, filing through the IP Agency’s PANAH system, undergoing formal and substantive examination, and paying the required fees. Understanding the legal framework, adhering to deadlines, and maintaining genuine use of the mark are essential to secure and keep exclusive rights. By following the steps outlined above and consulting a qualified patent attorney where necessary, applicants can navigate Azerbaijan’s trademark system effectively.
FAQ
How long does trademark registration last in Azerbaijan?
Registration is valid for 10 years from the filing date. It can be renewed indefinitely for additional ten‑year periods, provided the owner files a renewal request and pays the fee.
When should I file for renewal?
A renewal application should be filed within the last year of the validity period. There is a six‑month grace period after expiration during which the mark can still be renewed by paying an additional fee. Each month of extension costs 8 manats.
Do I need to provide evidence of use to register or renew my trademark?
No. Evidence of use is not required during registration or renewal. However, if a registered mark is not used in Azerbaijan for five consecutive years, it may be cancelled at the request of an interested person. Maintaining genuine use helps defend against non‑use cancellation.
Do foreign applicants need a local representative?
Yes. Foreign natural persons or legal entities must file through a registered patent attorney. Local applicants may file directly or appoint a representative.
What documents are needed to file a trademark application?
An application must include the applicant’s name and address, a reproduction of the mark, a list of goods/services, and a translation or transliteration if applicable. Proof of fee payment and, when relevant, a power of attorney and priority documents must also be submitted.
How long does the registration process take?
The preliminary examination lasts about one month, the substantive examination up to six months, and the certificate is issued about one month after payment of registration fees. Therefore, the full process typically takes 8–12 months.
Are opposition proceedings available?
There is no formal public opposition period. Decisions of the examiner may be appealed to the Commission of Appeal within three months, and subsequently to the courts. Interested parties can also petition for cancellation of a registered mark on grounds such as non‑use.
What if my mark is refused?
If the examiner rejects your application, you may appeal to the Commission of Appeal within three months. A further appeal to the court is possible. Alternatively, you may consider amending or re‑filing your application with a distinctive mark or a narrower list of goods/services.
Can I register a trademark internationally through Azerbaijan?
Azerbaijan is a member of the Madrid Protocol. Applicants may file an international application designating Azerbaijan through the Madrid System or, conversely, an Azerbaijani trademark holder may extend protection to other member countries via the system.