Trademark registration in Kazakhstan

1) DESIGNATIONS REGISTRABLE AS A TRADEMARK

Verbal, pictorial, alphabetic, digital, three-dimensional, sound, holographic, olfactory and other designations or combinations thereof.

2) THE REGISTRATION PROCESS

1. Submission of an application via the Personal Account of RSE “NIIP”;

2. Expertise: (Stage 1 - preliminary within 1 month from the date of application. Stage 2 - full within 7 months from the date of application);

3. Decision of RSE “NIIP” on registration/on refusal of registration.

3) AVAILABILITY OF ACCELERATED TRADEMARK REGISTRATION

In an accelerated procedure, the total period for conducting an examination is reduced to 3 months (stage 1 - preliminary within 10 working days from the date of application, stage 2 - full within 3 months from the date of application).

4) TRADEMARK REGISTRATION TIMELINE

The standard registration period for a trademark is 7-8 months from the date of filing the application. 

The accelerated registration period for a trademark is 3-4 months from the date of filing the application.

5) TRADEMARK REGISTRATION DURATION AND RENEWAL

The trademark registration is valid for 10 years from the date of filing the application. After the expiration of this period, it can be renewed an unlimited number of times for 10 years at the request of the owner.

6) IS IT POSSIBLE TO USE A TRADEMARK WHILE REGISTRATION IS PENDING?

Yes, you can use the designation that you have submitted for registration as a trademark. However, you should make sure that you are not using someone else's trademark that is identical or similar to the point of confusion with your declared one.

7) TERMS OF TRADEMARK USE

The trademark owner is obliged to use the trademark. Any interested person may challenge the registration of the trademark in court due to its non-use during the three years preceding the date of filing a claim in court.

8) METHODS OF PROTECTING THE RIGHT OF THE TRADEMARK OWNER

The trademark owner is entitled to make the following claims in case of infringement of his rights:

• cessation of trademark use;
• compensation for damages;
• seizure and destruction of counterfeit goods;
• removal of the trademark or confusingly similar designation from documentation, advertising, and signage;
• payment of compensation to the trademark owner (instead of damages).

Author: Timur Berekmoinov