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Trademark application Kazakhstan

Trademark registration is a critical aspect of Intellectual property law, serving as a key initial step needed to protect your brand in Kazakhstan. Kazakhstan is a country with a fast-growing economy and with the 9-largest territory in the world. Despite being the largest country in the world without direct access to the sea, it plays a vital role in international trade placing a strategic position on the trade routes from Europe to Asia. Kazakhstan is a member state of the Eurasian Economic Union (EAEU or EEU) and is a gate for the goods imported from East Asia and Central Asia to the countries of this economic union.

Kazakhstan's legal framework for trademark protection is defined by its dedication to meeting international standards and creating a business-friendly environment. Kazakhstan's intellectual property laws are shaped by compliance with international treaties such as the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), both of which the country has signed. It ensures that Kazakhstan's trademark protection rules are aligned with worldwide standards, thereby providing a strong mechanism for safeguarding trademarks.

The Law on Trademarks, Service Marks, and Appellations of Origin is Kazakhstan's fundamental trademark legislation, outlining the procedures for trademark registration, enforcement, and protection. The National Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan (Kazpatent), is the central authority in charge of trademark registrations and related matters.

The trademark registration process in Kazakhstan consists of several steps, including application submission, Office expertise, publishing for opposition, and the issuance of a trademark registration certificate. Once registered, a trademark is protected for 10 years, with the option to renew indefinitely every 10 years. This registration grants the trademark owner exclusive rights to use the mark in connection with the goods or services for which it is registered, as well as the right to prevent others from using similar marks that may confuse consumers.

Trademark application costs in Kazakhstan

The official fees for trademark application depend on the number of classes

Name of service

Official fee, Kazakh national currency (KZT)

Filing application, up to three classes

- for each additional class

113750

31875

Registration and Certificate issuing, up to three classes

- for each additional class

36545

10800

The commission of Pocket IP for trademark application service is 200 USD per trademark.

The payments are accepted in USD, EUR, GBP, CAD, and PLN (at a client’s request). Both bank payment and card payment are available.

File trademark application in Kazakhstan

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How to file a trademark application online in Kazakhstan

Pocket IP offers trademark application services in Kazakhstan.

A trademark application could be filed by entering new data or based on an example of a previously filed application

The fees are calculated automatically in the currency you selected according to the current exchange date.

For filing a trademark application, a simply signed POA is required – a scanned copy (draft and instructions will be provided by service).

Advantages of trademark registration with Pocket IP

24/7 Availability: The Pocket IP trademark application system is accessible at any time, allowing users to file the trademarks and check the current statuses without being limited by office hours.

Free access to docketing service: Pocket IP offers not just an application system, but a docketing service to keep all the trademark data and documents in one place.

Cost-effectiveness: Using Pocket IP to reduce costs is a more cost-effective option to file applications.

Real-Time Status Updates: Applicants can track the status of their trademark applications in real time, receiving updates and any required activities or correspondence from the trademark office.

Trademark registration process in Kazakhstan

Filing

New trademark application

The trademark application is filed with the IP Office and includes information about the trademark itself, the applicant data, the claimed classes and list of goods and/or services.

Formal examination

Check of formal requirements

For up to 1 month, the IP Office reviews the application to ensure it meets all eligibility requirements.

Publication and Substantive examination

The Office runs examination for up to 7 months from the date of application

Also, any interested person, within one month from the date of publication of information about the application, has the right to file an objection (opposition) against the registration of the applied designation.

Registration

Issuing of registration certificate

The certificate is valid for 10 years from the date of filing the application and can be renewed every 10 years an unlimited number of times.

The entire trademark registration process in Kazakhstan usually takes 7-9 months, but it can take longer if there is any opposition or provisional refusal.

For non-residents representation of a local trademark attorney is obligatory.

Possibility to speed up the registration

The option to accelerate the examination of the applied designation is possible by paying an additional state fee.

The period for examination of the application in this case will be 3 months.

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FAQ

Are multiple-class applications available in Kazakhstan?

Multiple-class trademark applications are possible in Kazakhstan.

There is no limit to the number of goods/services selected for registration within a class.

Are there any restrictions on who can be a trademark applicant/owner in Kazakhstan?

There are no restrictions.

The applicant/owner of a trademark can be either an individual or a legal entity. There are no differences in rights for residents and non-residents.

Do I need to hire a local trademark attorney to register a trademark in Kazakhstan?

It is mandatory to hire a local licensed trademark attorney for foreign applicants.

How to register a trademark in Kazakhstan?

To register a trademark in Kazakhstan, prepare and submit an application.

For 7-9 months the application will be examined by IP Office. The application could be opposed by third parties or refused by the Office.

In case of application meets all requirements, it will obtain registration.

Standard and non-standard list of goods/services in Kazakhstan

It is possible to indicate both standard and non-standard lists of goods or services within a class. Using a non-standard list is necessary to meet the theme of a class.

In a case filed as non-standard goods/services are too similar to the names in a standard list, the Office’s expert could propose to amend a non-standard classification into names from a standard list.

What can be protected as a trademark in Kazakhstan?

As a trademark, figurative, verbal, alphabetic, digital, three-dimensional, and other designations or their combinations may be registered, allowing to distinguish the goods and services of some persons from similar goods or services of other persons.

Is a paper certificate issued in Kazakhstan?

A trademark certificate is issued in electronic form only.

An updated certificate will not be issued after the TM validity period has been extended. The Office provides only an electronic notification of the renewal of a trademark registration indicating a new expiration date.

Which classification is used by Kazakhstan?

Kazakhstan uses the International Classification of Goods (classes 1-34) and Services (classes 35-45), established by the Nice Agreement for trademark registrations.

Proof of use of a trademark in Kazakhstan

There is no need to provide evidence of the use of a trademark during the registration procedure or renewal procedure.

Any interested person can challenge the registration of a trademark in court due to its non-use during the three years preceding the date of filing the claim in court. A claim against the validity of the registration may concern all or part of the goods specified in the certificate.

Changing data in the application in Kazakhstan

Before the trademark is registered, it is possible to change applicant data, change applicant, or shorten the list of goods/services.

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