Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of October 15, 1999 No. 166

About approval of Rules of application for registration of the trademark and conducting its examination

(as amended on 29-12-2019)

For the purpose of ensuring execution of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About trademarks and geographical instructions" the Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Rules of application for registration of the trademark and conducting its examination" (are applied).

2. This resolution becomes effective from the date of signing.

Prime Minister of the Azerbaijan Republic

A. Rasi-Zade

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of October 15, 1999 No. 166

Rules of application for registration of the trademark and conducting its examination

Rules of application for registration of the trademark and conducting its examination are developed according to the Law of the Azerbaijan Republic "About trademarks and geographical instructions.

Reducings:

• Law - The law of the Azerbaijan Republic «About trademarks and geographical instructions»;

• The agency - the Agency of intellectual property of the Azerbaijan Republic;

• The request - set of the documents constituted for registration of the trademark;

• Register - State register of trademarks.

Chapter I. General provisions

The trademark is any combination of graphical represented sign or signs which according to article 1 of the Law distinguishes goods and services of one owner of the trademark from goods and services of other owners.

2. The signs registered as the trademark

According to article 4 of the Law as the trademark can be registered:

• words, personal names, letters, figures, graphic elements, form of goods and packaging, any combination of flowers and above.

Words, personal names, their combinations belong to verbal designations.

Names of the companies, surnames, names, combinations of words, advertizing texts conditionally belong to verbal designations. The verbal designations expressed by standard font can be used in any graphical writing. If the declared designation is expressed by the font which is not applied and not used in the Azerbaijan Republic are necessary its transliteration letters of state language of the Azerbaijan Republic and the translation (the semantic description) into this language or etymological explanation on it.

Letters and figures (concerning conditionally verbal designations) belong to the font units and figures reproduced individually with art transformation and also to various combinations of the specified elements (standard font units and figures as the trademark are not protected).

As graphic elements living beings, lifeless objects, natural and other objects, drawings and symbols, and also figures of any forms, combinations of lines and spots, flat figures can be reproduced.

Forms of goods and packaging (volume designations) belong to graphic elements and reflect in themselves three-dimensional objects, figures, combinations of figures (lines). They, in particular, can represent form of goods or any form of registration of containers for goods, form of packaging of goods, advertizing subject form, form of interior design of the building, original and unusual form.

The combination of flowers reflects in itself color verbal designations, graphic designations, form of goods and packaging, any their combination in color execution, and also combination of flowers.

The combined designations represent combination of three-dimensional form and color designation of words and graphic elements.

The trademark can be registered in any color or color combination, including in black-and-white execution.

3. Criteria of protectability

The main objective of the trademark according to its appointment consists in distinction of goods or services of one entrepreneur from goods or services of other entrepreneur. The trademark, having distinctive capability, at the same time shall report to the consumer about goods origin, distinguish from each other the goods made by different manufacturers.

The distinctive capability of the trademark is not undoubtedly accepted and unchangeable factor.

In case of absence at the trademark of distinctive capability its registration as the trademark can depend only on whether it will have distinctive properties in the course of use.

4. The obligatory bases for refusal in registration of the trademark

According to article 5 of the Law registration is not allowed:

a) the trademarks which do not have distinctive capability, that is not differing with major factors of designation. In particular, treat them:

• the designations which do not have characteristic graphical execution, representing separate letters, figures; lines, simple geometrical figures, and also their combinations which are not forming the compositions giving qualitatively other level of perception other than the separate elements entering them, simple images of goods;

b) the designations specifying type of goods or service, his (her) quality, quantity (I will eat around), appointment, cost, and also the place and date of production (rendering) and other properties. In particular, treat them:

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