Trademark registration in Kazakhstan. Kazakhstan is a country in Central Asia with a land area of 2,724,900 square kilometers (1,052,100 sq mi). Kazakhstan is the most dominant nation of Central Asia economically, generating 60% of the region’s GDP, primarily through its oil and gas industry. It also has vast mineral resources and is officially a democratic, secular, unitary, constitutional republic with a diverse cultural heritage. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in Kazakhstan.
Signs registrable as a trademark in Kazakhstan
Signs registrable as a trademark in Kazakhstan include figurative, verbal, literal, numerical, 3-dimensional, and other elements which can be used to distinguish between similar goods and services.
Requirements for trademark registration in Kazakhstan
The requirements for trademark registration in Kazakhstan are:
- Distinguishable: The mark must be able to differentiate the goods or services of its owner from the goods or services of others.
- Distinctive: The mark must be able to be adequately distinctive enough in order to allow the consumers to recognize its purpose which is to offer a particular product or service.
Necessary documents for trademark registration in Kazakhstan
Necessary documents for trademark registration in Kazakhstan include:
- Detailed information of the applicant include name, address, nationality, etc.;
- Trademark model;
- List of goods and/or services;
- Certified copy of priority document (if any);
- Signed and stamped Power of Attorney.
Note:
The certified copy of the priority document can be submitted to the Kazakh Trademark Office within three months from the filing date.
The procedure of trademark registration in Kazakhstan
The trademark application needs to be submitted to the Kazakh Trademark Office.
After receiving the trademark applicant, the examiner will conduct a preliminary examination that lasts 3-4 months to check the registrability of the trademark. After the preliminary examination, the applicantion will go through a substantive examination.
If no errors are detected along with the payment of the required fee, the trademark will be published and the trademark registration certificate will be granted to the applicant within 4-5 months.
After successful trademark registration, the trademark will have a protection period of 10 years from the filing date. The trademark owner may file for renewal of the trademark every 10 years to extend the protection period for another 10 years.
The trademark owner needs to file for renewal 12 months before the deadline or in the grace period of 6 months after the expiration date upon payment of the late filing fee.
Reinstatement of a lapsed trademark is not possible.
Note:
The entire procedure of trademark registration will complete in 8 to 10 months if no problems incurs during the process.
Foreign applicants must be represented by a registered Kazakh trademark attorney.
The opposition period
The opposition period is not stipulated for the trademark applications in Kazakhstan.
The best way to oppose a trademark registration in Kazakhstan is to file an informing letter to the examiner containing the arguments against the registration of the trademark.
The informing letter may be submitted during the whole examination procedure before the decision is taken by the Patent Office.
The cancellation of a trademark
The cancellation of trademark registration in Kazakhstan can be divided into 3 circumstances:
- Cancellation based on relative grounds may be filed to the Appeal Board within 5 years from registration;
- Cancellation based on absolute grounds may be filed to the Appeal Board within the entire period of validity of the trademark;
- Cancellation based on non-use may be filed to the Appeal Board. The grace period is 3 years from registration or prior to the date of filing cancellation.
You can see a list of Kazakhstan IP firms here.