Trademarks Law in Kazakhstan
Certainly! Here's a detailed overview of Trademark Law in Kazakhstan:
Trademark Law in Kazakhstan
Legal Framework
The primary law governing trademarks in Kazakhstan is the Law on Trademarks, Service Marks, and Appellations of Origin (last amended in 2022).
Kazakhstan is a member of several international treaties and conventions, including:
Paris Convention
Madrid Agreement and Protocol
TRIPS Agreement
Eurasian Economic Union (EAEU) agreements
The Ministry of Justice of the Republic of Kazakhstan, through the National Institute of Intellectual Property (Qazpatent), handles the registration and administration of trademarks.
Key Features
1. What Can Be Registered?
A trademark may include any sign that distinguishes goods or services, such as:
Words, names, letters, numbers
Logos and graphic symbols
Three-dimensional shapes
Colors and color combinations
Sounds (in some cases)
Holograms and other non-traditional marks (with limitations)
2. Types of Trademarks
Individual trademarks
Collective marks
Service marks
Certification marks (limited)
3. Registration Process
Application is submitted to Qazpatent.
Examination includes:
Formal examination (within 1 month)
Substantive examination (within 7 months)
If accepted, the mark is published for opposition (within 1 month of publication).
If no valid opposition is received, the mark is registered and a certificate is issued.
4. Duration and Renewal
Trademark registration is valid for 10 years from the filing date.
It is renewable indefinitely for further 10-year periods.
Renewal must be requested within the final year of protection (a 6-month grace period applies with a surcharge).
5. Rights Conferred
Exclusive right to use the trademark for designated goods/services in Kazakhstan.
Right to prevent unauthorized or confusingly similar use.
Right to license, assign, or enforce the mark.
6. Infringement and Enforcement
Enforcement can be done through:
Civil courts (injunctions, damages, destruction of infringing goods)
Administrative actions
Criminal proceedings in cases of counterfeiting
Customs recordation of trademarks for border enforcement
Kazakhstan has been strengthening IP enforcement under international obligations.
7. International Protection
Kazakhstan is a member of the Madrid System, allowing international trademark registration via WIPO.
Trademarks can also be protected regionally under the Eurasian Economic Union (EAEU) agreements (harmonized IP standards among member states).
Summary Table
| Feature | Description |
|---|---|
| Governing Law | Law on Trademarks, Service Marks, and AOs |
| Registration Authority | Qazpatent (National Institute of Intellectual Property) |
| Protection Duration | 10 years, renewable indefinitely |
| International Systems | Paris Convention, Madrid Protocol, TRIPS, EAEU |
| Enforcement | Civil, administrative, criminal, and customs routes |
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