MIKHAILYUK, SOROKOLAT & PARTNERS offers the full range of legal services related to trademark registration in Kazakhstan including trademark search, registration, renewal of a trademark certificate, preparing and recordal of assignment and license agreements, recordal of changes as well as representing clients before courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.
Overview of the trademark registration procedure in Kazakhstan:
According to the legislation of Kazakhstan, designations that are similar with or identical to the trademarks previously registered or applied for registration to the IP Office in respect of similar goods and/or services cannot be registered.
The online trademark search is available on our website in order to determine whether there are any similar or identical trademarks registered or filed with the Kazpatent.
After the completion of filing, the Kazakh trademark application undergoes preliminary examination within 3-4 months. Then the substantive examination is conducted within 8-12 months. On results of the substantive examination the grant decision is issued. After payment of the prescribed registration fee the certificate of registration is issued within 4-5 months.
The entire procedure of trademark registration in Kazakhstan takes from 8 to 10 months.
Foreign applicants must be represented before the Office by a registered Kazakh trademark attorney.
For filing a trademark application in Kazakhstan we need:
- Name and address of the applicant;
- Prints of the trademark;
- List of goods and/or services in accordance with the international classification;
- Certified copy of priority document if priority is to be claimed (may be filed to the Kazakh Trademark Office within three months from the filing date);
- Signed and stamped Power of Attorney, in case the stamp is not available POA must be notarized. Legalization is not required (may be filed to the Kazakh Trademark Office within two months from the filing date).
Opposition period against trademark application in Kazakhstan is not stipulated. However an informational letter can be filed to the Trademark Office within the whole examination period in order to draw examiner's attention to non-compliance of the applied mark with protectability requirements.
Grounds, institutions and terms for filing a cancellation after registration:
1. Cancellation based on relative grounds may be filed to the Appeal Board within 5 years from registration;
2. Cancellation based on absolute grounds may be filed to the Appeal Board within the entire period of validity of the trademark;
3. 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.
Trademark validity and renewal:
A trademark in Kazakhstan is valid for 10 years from the filing date and can be further renewed every 10 years. In Kazakhstan it is possible to apply for trademark renewal within 12 months before the deadline. There is also a 6-month grace period which allows applying for a renewal after the deadline upon payment of a special stipulated fine. Reinstatement of a lapsed trademark is not possible.
Required documents: signed and stamped Power of Attorney.
For more information about trademark registration in Kazakhstan or quotation for filing and prosecution of the Kazakh trademark application please contact us.