Trademark disputes

In our previous articles, we discussed the national and international registration of trademarks (see: Trademark Registration). However, various obstacles and disputes may arise during the registration process. This article examines the ways of resolving trademark disputes, including administrative procedures.

1. 1. When can a dispute arise?

An application for trademark registration is submitted to the Intellectual Property Agency of the Republic of Azerbaijan (see: Trademark Registration).

During the examination process, the trademark undergoes a two-stage review. As a result of the substantive examination, one of the following decisions may be issued:

1. refusal of trademark registration;

2. partial refusal of trademark registration;

3. registration of the trademark.

If the applicant disagrees with the decision, they may file an appeal with the Appeals Board of the Intellectual Property Agency within 3 months.

1. 2. Applicable legislation

Disputes before the Appeals Board are considered in accordance with the Regulation approved by the Cabinet of Ministers of the Republic of Azerbaijan dated 02 September 2000, No. 155.

Additionally, the Law of the Republic of Azerbaijan “On Trademarks and Geographical Indications” is applied when reviewing disputes.

1. 3.  Procedure for dispute resolution

As noted above, a party may file an objection with the Appeals Board within 3 months from the date of receipt of the examination decision.

The Appeals Board reviews the objection within 3 months. Upon request of the parties and subject to payment of the applicable fee, the review period may be extended for up to 6 months.

A party that disagrees with the decision of the Appeals Board may file a claim with the Administrative Court within 3 months from the date the decision is issued.

1. 4. State fees

Fees for filing objections with the Appeals Board are determined by Article 18 of the Law “On State Duty”. According to Article 18.34 of the said Law:

• for an objection against a refusal decision issued during the preliminary examination of a trademark application — 30 AZN;

• for an objection against a refusal decision issued during the preliminary examination of a geographical indication application — 30 AZN;

• for an objection against an examination decision on a trademark application — 80 AZN;

• for an objection against an examination decision on a geographical indication application — 50 AZN;

• for an objection against a registered trademark — 100 AZN;

• for an objection against a registered geographical indication — 70 AZN;

• for filing an application with the Appeals Board for recognition of a well-known trademark — 200 AZN;

• for filing an objection with the Appeals Board against a well-known trademark — 160 AZN;

• for extending the review period of an objection (up to 6 months) — 80 AZN.

Fees are paid through the Government Payment Portal (HÖP).

1. 5. Conclusion

As demonstrated, various disputes may arise during the trademark registration process, and their resolution is governed by established procedural rules.

Ironwood Consulting provides comprehensive support at every stage of trademark registration, including responding to examination queries, representing clients before state authorities, and delivering professional legal services in dispute resolution.