English
The average time frame for the registration approval is 15 months, if no objections or oppositions arise.
The territorial limit of registration is Kazakhstan.
Yes, a power of attorney is required.
Pre-filing use may:
- demonstrate acquired distinctiveness
- help overcome an opposition to an application on the grounds of non-distinctiveness
Note that a trademark is only protected after its registration.
Attack on the ground of non-use is available.
- names
- words
- colours
- certain three-dimensional shapes
- sounds
- slogans
- devices
- trade dress/get-up
- well-known marks
- collective marks
- service marks
The order of the application process is as follows:
- Examination of the application based on the following:
- formalities
- classification
- clarity
- descriptiveness
- distinctiveness
- deceptiveness
- conflict with prior registration
- Registration
- Publication - The filing particulars of an application are not made available to the public.
- marks that are against the moral standards or public order
- generic words or terms
- names, flags or symbols of states, nations, or regions or of international organizations
- non-distinctive marks
- marks that function principally as:
- surnames
- names
- pseudonyms and their derivatives
- portraits
- facsimiles or exact copies of personal nonmaterial rights
- marks that contain or represent the property of culture and history of the Republic of Kazakhstan without authorization
- marks that are used primarily as geographic location names
- marks that are misleading with respect to goods, manufacturer, geographic directions, or origin of place
- marks that provide a wrong impression that the goods originate from another country
- marks that contain a wrong geographical indication identifying mineral waters, strong alcoholic drinks or wines
- marks that are accompanied by expressions such as:
- "type"
- "in the style of"
- "the like"
- industrial samples protected in the Republic of Kazakhstan
- names of science, arts of literature, known arts and their fragments
- marks that violate an existing work's copyright rights
Note: Please contact Marcaria.com for a more detailed explanation.
Kazakhstan uses the Nice Classification System.
The European Union Trade Mark registration, formerly the Community Trade Mark, is not effective in Kazakhstan.
Priority application can be claimed if:
- the home country is a member of the Paris Convention
- the home application was filed within six months before the application in Kazakhstan
- Kazakhstan can be designated in an international registration
A trademark must be used within three years from the registration date.
The amount of use can be minimal and must occur in Kazakhstan.
The initial term of a registration is 10 years calculated from the application date.
The first renewal date of a registration is 10 years from the application filing date.
It is legal to use an unregistered mark for any goods or services.
Registration is a requirement in order to secure rights to a trademark. Kazakhstan follows the "first to file" principle.
Visit the national office at the following URL: http://www.kazpatent.kz.
Neither actual use nor intent to use is required for application.
The following can be grounds for opposition:
- breach of copyright
- proprietary rights
- trade names
- the mark is descriptive
- the mark is generic
- the mark is misleading, disparaging or deceptive
- the mark is not distinctive
- notorious or well-known mark
- registered design rights
- registration in the name of the representative or agent of the proprietor of the mark
- rights in a personal name
- the mark consists of a geographical indication
- protection of flags, armorial bearings, and/or other State emblems
- the mark is against public policy or principles of morality
The following parties may initiate an opposition:
- any interested party
- a licensee
- the owner of an earlier right
The following can be grounds for cancellation:
- proprietary rights
- breach of copyright
- notorious or well-known mark
- registered design rights
- the mark is descriptive
- the mark is generic
- the mark is not distinctive
- the mark is functional
- rights in a personal name
- the mark is misleading, deceptive or disparaging
- the mark consists of a geographical indication
- the mark is against public policy or principles of morality
- protection of armorial bearings, flags and other State emblems
- registration in the name of the agent or other representative of the proprietor of the mark
- See Section VIII.A. Use Requirements
The following rights are established by registration:
- the exclusive right to use the registered trademark
- the right to license other third parties to use the trademark
- the right to object to later conflicting applications
- the right to request for a cancellation action against a later conflicting registration
- the right to request for counterfeit goods to be seized by customs authorities
- the right to file an infringement case against third parties for using a confusingly similar mark
- the right to receive damages for infringement
The opposition period begins on the registration date.
For oppositions on the ground of conflicting registration, it must be filed within five years of the registration date.
For oppositions on the grounds of other reasons, it can be filed during the registration’s validity date.
Kazakhstan is a signatory of both the Madrid Protocol and the Madrid Agreement.
Periodic statements of use are not required.
Subsequent renewals last for a period of 10 years from the renewal date of the registration.
The first renewal date of a registration is 10 years from the application filing date.
The following documents must be presented:
- power of attorney
- any document or receipt confirming the payment of an official fee for renewal
The grace period after the renewal date has expired is 6 months.