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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.
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If I register my trademark in Kazakhstan, do I have protection in other territories?
The territorial limit of registration is Kazakhstan.
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Do I need to sign a Power of Attorney?
Yes, a power of attorney is required.
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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.
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Will there be problems in case I don’t use my trademark after registration?
Attack on the ground of non-use is available.
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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
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What are the phases of application after a trademark has been filed in Kazakhstan?
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.
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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.
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Does Kazakhstan use the "Nice Classification" system?
Kazakhstan uses the Nice Classification System.
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Does the Community Trademark apply for Kazakhstan?
The European Union Trade Mark registration, formerly the Community Trade Mark, is not effective in Kazakhstan.
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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
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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.
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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.
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What will be the renewal date of my trademark?
The first renewal date of a registration is 10 years from the application filing date.
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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.