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Kazakhstan Trademark Registration 

A trademark attorney will process your trademark registration in Kazakhstan through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

 
Trademark Registration Certificate   Step 3. Trademark Registration Certificate:
Once your trademark application is approved, we will obtain your registration certificate.
Step 3 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 15 months, if no objections or oppositions arise.

     

  • If I register my trademark in Kazakhstan, do I have protection in other territories?

    The territorial limit of registration is Kazakhstan.

  • Do I need to sign a Power of Attorney?

    Yes, a power of attorney is required.

  • Are there any benefits from a pre-filing use of the trademark?

    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.

  • Will there be problems in case I don’t use my trademark after registration?

    Attack on the ground of non-use is available.

  • What are the types of trademark that can be registered in Kazakhstan?
    • names
    • words
    • colours
    • certain three-dimensional shapes
    • sounds
    • slogans
    • devices
    • trade dress/get-up
    • well-known marks
    • collective marks
    • service marks
  • What are the phases of application after a trademark has been filed in Kazakhstan?

    The order of the application process is as follows:

    1. Examination of the application based on the following:
      • formalities
      • classification
      • clarity
      • descriptiveness
      • distinctiveness
      • deceptiveness
      • conflict with prior registration
    2. Registration
    3. Publication - The filing particulars of an application are not made available to the public.
  • What type of trademark is not registrable?
    • 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.

  • Does Kazakhstan use the "Nice Classification" system?

    Kazakhstan uses the Nice Classification System.

  • Does the Community Trademark apply for Kazakhstan?

    The European Union Trade Mark registration, formerly the Community Trade Mark, is not effective in Kazakhstan.

  • Is there any possibility to claim priority 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
  • What do I need to do to satisfy the use requirement?

    A trademark must be used within three years from the registration date.

     

    The amount of use can be minimal and must occur in Kazakhstan.

  • Once my trademark has been registered, for how many years will be valid?

    The initial term of a registration is 10 years calculated from the application date.

  • What will be the renewal date of my trademark?

    The first renewal date of a registration is 10 years from the application filing date.

  • Is it legal to use my trademark even if it is not yet registered?

    It is legal to use an unregistered mark for any goods or services.


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