LAW OF THE AZERBAIJAN REPUBLIC

of June 12, 1998 No. 504-IQ

About trademarks and geographical indexes

This Law governs the relations connected with registration, legal protection and use of trademarks and geographical indexes.

Chapter I. General provisions

Article 1. Basic concepts

The concepts used in this Law have the following values:

The trademark - any combination (combination) of graphical represented signs or signs distinguishing goods or services of one entrepreneur from goods and services of other entrepreneur.

Geographical specifying - the designation establishing connection of goods origin with the state, the region, the territory or the place in certain territory (with geographical object), and at the same time, the reflecting special quality, popularity and other qualities of these goods generally in connection with geographical origin.

The collective mark - sign or combination of the signs registered under the name of the union, association, any consolidation.

Transliteration - transfer of letters of one system of writing letters of other system of writing.

Article 2. Legislation of the Azerbaijan Republic on trademarks and geographical indexes

The legislation of the Azerbaijan Republic on trademarks and geographical indexes consists of the Constitution of the Azerbaijan Republic, this Law, other legal acts of the Azerbaijan Republic and interstate agreements in which the Azerbaijan Republic participates.

If in international treaties in which the Azerbaijan Republic participates the rules different from the rules provided in this Law are determined, then rules of international treaties are applied.

The relations in the sphere of trademarks and geographical instructions in the Alyatsky free economic zone are regulated according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".

Article 3. Legal protection of trademarks and geographical indexes

Legal protection of trademarks and geographical indexes, the registered structures established by relevant organ of the executive authority of the Azerbaijan Republic is performed on certain this Law to rules and according to international agreements and agreements on the international registration of signs in which the Azerbaijan Republic participates.

Protection of trademarks and geographical indexes which are not registered in the Azerbaijan Republic, but are valid according to international treaties in which the Azerbaijan Republic participates, it is performed according to this Law.

Article 4. The signs registered as trademarks

As trademarks can be registered:

words, personal names, letters, figures, graphic elements, form of goods or packing, any combination of flowers and all above.

Article 5. The obligatory bases for refusal in registration of the trademark

Registration below-specified is not allowed:

a) the signs which are not corresponding to the concept "trademark" given in article 1 and article 4 of this Law;

b) the trademarks not capable to differ from each other, i.e. the signs which are not differing from each other on major factors;

c) the signs characterizing types of goods or services, their quality, quantity, appointment, cost, and also the place and date of their production and other features;

d) trademarks of the wines and alcoholic drinks containing the geographical instructions which are not corresponding to their origin, but identified with them;

e) the forms reflecting essence of goods, giving it important value and necessary for technical achievements;

e) the signs consisting from contradicting public order, morals and behavior of expressions, from the elements promoting causing damage to the authority of the personality; from religious and state symbols;

g) the trademarks consisting of the signs or instructions used long time in trading activity of the Azerbaijan Republic, often used in the ordinary speech;

h) trademarks which can mislead consumers in determination of features of goods or services, their quality or geographical origin;

i) trademarks which registration according to article 6 of the Parisian convention on protection of industrial property (further - "The Parisian convention") is considered impossible;

j) awards and other distinctions - without the permission of relevant organ of the executive authority.

Before issue of the pretentious document it is impossible to refuse registration of the trademarks specified in the Items, "v", "d" of part one of this Article, but capable in case of their use to differ and if this trademark is registered, this registration cannot be considered as invalid.

Use of the trademarks containing signs which it is mentioned in the Item "and" of part one of this Article in the structure is forbidden.

Article 6. Other bases for refusal in registration of the trademark

The signs identical with following or similar to them to such an extent are not registered as commodity that can be mixed with them:

a) the trademarks registered earlier addressed to other person or applying for registration in the Azerbaijan Republic on identical or similar goods and services;

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