KAZAKHSTAN

• Kinds of Trademarks registrable in KAZAKHSTAN

  • Following indications may be used as Trademarks in Kazakhstan:

    • Figurative marks
    • Verbal marks
    • Letters
    • Digital Marks
    • 3D marks
    • Numerals
    • Combinations thereof

    Types of Marks registrable:

    1. Collective marks
    2. Service marks
    3. Well Known marks
• Requisites for a Trademark to be registrable in KAZAKHSTAN

  • Trademarks must contain the following essential requirements to be registrable in Kazakhstan:

    • Distinctiveness
    • Non-descriptiveness of the goods and / or services
    • Not be a well known term in the line of business, trade channels of the applicant
    • Not be same / similar / identical either visually and/or phonetically to prior registered / pending marks.
• Kinds of Trademarks not registrable in KAZAKHSTAN

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Kazakhstan:

    1. Marks that denote the kind, quality, quantity, intended purpose, value and time of production of goods or of rendering of services.
    2. Marks consisting of common surnames or geographical names / indications / appellations.
    3. Deceptive and Misleading marks capable of confusing and / or misleading the public.
    4. Trademarks similar / identical to prior trademarks
    5. Marks consisting solely of non-distinctive signs
    6. Marks tat are customary to goods of a particular type and nature.
    7. Marks comprising of symbols, terms, and phrases commonly use.
    8. Marks that are a schematic representation of goods for which registration is sought.
    9. Marks that are reproduction of armorial bearings, flags, emblems, official insignia of governments and international organizations, all marks, decorations, honorary signs.
    10. Marks comprising of literary, scientific, artistic works protected by copyright.
    11. Marks comprising of surnames, forenames, pseudonyms, portraits, pictures, photographs without prior consent or permission.

    TrademarkCopia through its associate Law Firms and Lawyers in Kazakhstan is at hand to help you with trademark registration and prosecution.

• Trademark Search in KAZAKHSTAN

  • It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Kazakhstan.

• Trademark Filing in KAZAKHSTAN

  • Filing is done with the Trademark office of Kazakhstan .

    Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA)
    6. Priority details if any.
    7. Application to be either in Kazakh/Russian
    8. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)
       (Figurative Mark as per Vienna Agreement)

    TRADEMARKCOPIA.COM will assist you with the following:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in KAZAKHSTAN

  • Once the trademark application is filed, a preliminary examination is conducted to ensure that all the formalities such as: The minimum required information, format of the application regarding registrability of the mark are met.

    Post formalities examination, the application is substantively examined to ensure statutory requirements are met.

    Any deficiencies found are to be rectified within a stipulated time period by the applicant else, application is liable to be dismissed.

• Trademark Publication & Opposition in KAZAKHSTAN

  • Once the trademark application is accepted for registration, the details of the application are entered in the trademark journal and advertised in the official Gazette.

    Interested third parties may file opposition regarding registration of the trademarks within a stipulated period of time which shall be considered by the authorities before finalizing registration of the trademark.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Kazakhstan can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in KAZAKHSTAN

  • Upon the trademark application being accepted for registration, the details of the application are entered in the trademark journal and advertised in the official Gazette.

    Upon trademark being registered, the IP office proceeds to issue Certificate of Registration.

    Post registration of the trademark, interested parties may oppose the registration of the trademark.

    Trademark registration in Kazakhstan is valid for 10 years from the date of filing after which it can be frequently renewed for another 10 years.

    Note: a trademark that has expired or has been renounced by its owner may not be re-registered in the name of any other person for a period of three years.

    Rights of Trademark Owners:

    Trademarks may be:

    • Transferred in whole or in part.
    • Inherited – Assigned and licensed.
    • Mortgaged and creditors may seize such trademarks belonging to their debtors.
    • Licensed to natural or legal persons
    • Prevented from unauthorized usage by third parties
    • The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in KAZAKHSTAN

  • Post Registration: A trademark has to be used within 5 years after the registration, otherwise it could become vulnerable for cancellation owing to non – use, unless there are strong and exceptional reasons for non – use.

     

• Trademark Cost of Registration in KAZAKHSTAN

  • Please write mail for the cost of registration of trademark in Kazakhstan to the mail address given below:

    contact@trademarkcopia.com