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trademark law
Kazakhstan trademarks are managed by the Kazakhstan Trademark Office. The Kazakhstan Trademark, Service Trademark, and Place of Origin Law was passed on January 18, 1993, February 23, 1993, and came into effect on February 23, 1993. The new Trademark, Service Trademark, and Place of Origin Law came into effect on September 4, 1999. The characteristics of the new law: introducing the concepts of "geographical indications" and "well-known trademarks"; Trademarks that only contain colors are not protected;
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official language
Kazakh
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Application principles
Kazakhstan trademark registration adopts the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
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Duration
The trademark is valid for 10 years from the date of application; Renewal can be applied within 12 months before the expiration date, with a grace period of 6 months and a validity period of 10 years
Trademark transfer requires notarization of the transfer agreement.
If a trademark has not been used for three consecutive years, an application for revocation can be filed. -
Applicable types
At present, the Kazakhstan Trademark Office adopts the Nice Classification 11th edition for the description of goods and services and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Kazakhstan include: text, name, graphics, three-dimensional identification, color combination, slogan, sound, appearance, etc. Among them, color combination needs to meet specific requirements when applying for registration.
Kazakhstan is a party to international intellectual property treaties such as the TRIPS Agreement, Paris Convention, Nice Agreement, and WIPO Convention, and is also a member of the Madrid Agreement and Madrid Protocol. Therefore, trademark registration in Kazakhstan can be processed through "single country registration" or "Madrid international registration".
Conduct a trademark search on the official website of the Kazakhstan Patent Office to determine if there are any identical or similar trademarks already registered.
Submit trademark registration applications online or offline.
The Kazakhstan Patent Office will review the application, including the legality of the trademark and whether it conflicts with a registered trademark.
If the application passes the review, it will be announced in the official announcement and anyone can raise objections.
If there are no objections during the announcement period, the trademark registration will be approved and a trademark registration certificate will be issued.
1. Applicant's name and address
2. Goods or services
3. Trademark design
4. Power of Attorney
5. To submit priority, proof of priority must be provided
