RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of September 15, 2009 No. 139

About approval of Rules of registration of agreements on trademarks

According to Item 1.4 of the Presidential decree of the Azerbaijan Republic of May 14, 2009 "About application of the Law of the Azerbaijan Republic "About modification and amendments in the Law of the Azerbaijan Republic "About trademarks and geographical instructions" the Cabinet of Ministers of the Azerbaijan Republic decides No. 93:

1. Approve "Rules of registration of agreements on trademarks" (are applied).

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

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of September 15, 2009 No. 139

Rules of registration of agreements on trademarks

1. General provisions

1.1. These rules are prepared based on Item 1.4 of the Presidential decree of the Azerbaijan Republic of May 14, 2009 No. 93 "About application of the Law of the Azerbaijan Republic "About modification and amendments in the Law of the Azerbaijan Republic "About trademarks and geographical instructions" and establish rules of registration of contracts on transfer of exclusive rights for the trademarks registered in the territory of the Azerbaijan Republic, and exclusive rights on trademarks which according to international treaties (agreements) are protected in the territory of the Azerbaijan Republic without registration, including contracts on assignment of rights for the application documentation on trademarks submitted for registration.

1.2. License agreements about right to use provision by the trademark - payment, contracts on assignment of rights for the trademark are registered in case of payment term of the state fee in the Agency of intellectual property of the Azerbaijan Republic (further - the Agency), and after publication of information about them in the statement, they are applied against illegal other persons of action.

1.3. Assignment of rights on the trademark can be added to the application documentation submitted for registration of the trademark. In this case the right of the new owner of the trademark becomes effective from the date of submission of application documentation.

1.4. The owner of the trademark can transfer based on the agreement to other person the right to use all goods and services to which this trademark, or their part (partially) and the right to the trademark belongs.

The agreement on partial transfer of the right also belongs to application documentation on the trademark.

In case of partial transfer of the right, the corresponding letters are added to the end of number of application documentation and number of registration of the trademark in the alphabetic sequence and primacy of the trademark remains.

1.5. Assignment of rights on the trademark shall not create false representations at the consumer concerning goods, services and producers.

1.6. The right to the collective mark registered addressed to any union, association, consolidation and also the right to use of it, can be transferred to other person with the consent of all members of the collective mark based on the license agreement.

1.7. The license agreement or the statement from it (the statement shall be certified in notarial procedure, at the same time in the statement the parties and amount of the transferred rights shall be specified) is the document on transfer of the trademark by the owner (licensor) of the right to use sign to other person (licensee). This agreement belongs only to registered trade marks and trademarks which according to international treaties (agreements) are protected in the territory of the Azerbaijan Republic without registration, and is valid concerning the goods and services specified in registration.

1.8. According to the license agreement the owner of the trademark (licensor) gives to other physical person or legal entity (licensee) the right to use the trademark concerning the goods and services specified in the agreement.

The exclusive license on the trademark can be granted only to one licensee. In this case the licensor loses the right to use this trademark concerning the goods and services specified in the agreement, and also the right to licensing to other persons.

According to the non-exclusive license the licensor keeps at himself the right to use this trademark, and also the right to licensing to other persons.

The single license for the trademark can be granted only to one licensee. In this case the licensor keeps at himself the right to use this trademark concerning the goods and services specified in the agreement, however loses the right to licensing to other persons.

1.9. The license agreement can be used only in the goods and services relating to the protected trademark.

1.10. In the license agreement its subject, term, the territory of action, the parties which signed the agreement are reflected.

1.11. According to the license agreement goods quality or services of the licensee shall not be lower than goods quality or services of the licensor, and the licensor shall control accomplishment of this condition.

1.12. To the license agreement the licensor attaches the document reflecting quality requirements of the made goods or the rendered services.

1.13. Changes are made to the registered license agreement with the consent of the parties.

1.14. The registered license agreement can be cancelled according to the procedure, established by the Cabinet of Ministers of the Azerbaijan Republic.

1.15. In the statement for assignment of rights on the trademark, including about assignment of rights several trademarks can be specified its use (in the license agreement). In this case the transferring right side, and also the receiving right side shall be the same faces.

2. The documents submitted for registration of agreements

2.1. For registration of the agreement on transfer to other person of the rights according to application documentation the following documents are submitted:

• the application submitted by the applicant (Appendix No. 1);

• the agreement on assignment of rights according to application documentation to other physical persons or legal entities (Appendix No. 2);

• copy of application documentation;

• the copy of the document confirming state registration of the legal entity;

• copy of the identity certificate and INN of physical person;

• the document confirming payment of the state fee established for registration of the agreement;

• power of attorney (in case of need).

2.2. For registration of the agreement on assignment of rights for the trademark the following documents are submitted:

• the application submitted by the owner of the trademark (Appendix No. 3);

• agreement on transfer to other persons of the rights to the trademark (Appendix No. 4);

• the copy of the certificate on the trademark or the statement from the state register;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info