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Trademark registration in Kazakhstan

Trademark registration is an essential process for businesses seeking to establish and protect their brand identity in Kazakhstan. Kazakhstan is a country with a dynamic and thriving economy with many advantages to attract investment. Located at the crossroads of transport between Europe and Asia, Kazakhstan is an important transit point for trade and transport activities. Kazakhstan possesses large reserves of oil, gas, metals and minerals. The economy based on the export of natural resources contributes largely to the country’s GDP. Kazakhstan is currently investing heavily in infrastructure, including roads, railways, seaports, and airports, facilitating business. The Government of Kazakhstan has many preferential policies to attract foreign investment, creating a favorable business environment for businesses. In addition, Kazakhstan has many policies to improve the business environment, minimize administrative procedures and create favorable conditions for businesses. Therefore, more and more businesses are expanding their business scope here. To be able to distinguish their trademark from other competitors, enterprises need to pay attention to the trademark registration procedure. Viet An Law Firm would like to guide customers preliminarily through the procedure for trademark registration in Kazakhstan through the article below.

Trademark application in Vietnam for sports fitness equipment

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    Legal basis

    • Law No. 456 of the Republic of Kazakhstan of July 26, 1999 on Trademarks, Service Marks and Geographical Indications (amended and supplemented until Law No. 128-VII of the Republic of Kazakhstan of June 20, 2022)

    Definition of trademark in Kazakhstan

    A trademark is a mark used to distinguish the goods (services) of a particular legal entity or individual from similar goods (services) of other legal entities or individuals.

    • Trademarks can be registered as images, writing, alphabets, numbers, three-dimensional and other signs or combinations thereof.
    • A trademark can be registered with any color or color combination.

    Examples of marks registered as trademarks

    In Kazakhstan, legal protection for trademarks is granted based on state registration, as well as in case of non-registration under international treaties of the Republic of Kazakhstan.

    Legal protection for trademarks is granted to individuals or legal entities.

    Trademark ownership is certified by registration records in the National Register of Trademarks of the Republic of Kazakhstan and confirmed by an extract from the National Register of Trademarks of the Republic of Kazakhstan.

    The trademark owner has the exclusive right to use and dispose of the trademark he owns in relation to the goods and services stated on the certificate. No one may use a trademark protected in the Republic of Kazakhstan without the consent of the owner.

    Conditions for trademark registration in Kazakhstan

    Uniqueness: The trademark must have inherent uniqueness. It must be able to identify the applicant’s goods or services and distinguish them from other goods or services. It cannot be merely descriptive, generic or misleading.

    • Unique: “Falcon” for the brand of sneakers (unique word)
    • Not unique: “Red apple” for red apple (description) or “Apple” for computer brand (generic)

    Non-conflict:  A trademark must not be identical or confusing to a trademark registered in Kazakhstan for similar goods or services.

    Legal: A trademark must not violate public order or morals.

    Visual awareness: The mark should be something that can be seen, not sounds, tastes, or flavors.

    Trademark registration dossier in Kazakhstan

    To register a trademark in Kazakhstan, the applicant needs to assemble a dossier that includes specific documents. Here is a general outline:

    Application form: Completed  trademark application form

    Trademark information: The applicant needs to provide a clear image of his trademark (logo, lettering, etc.). A detailed description of the trademark, including any colors required. The applicant should classify a list of goods and/or services for which the mark will be used, classified according to the International Classification of Goods and Services (Nice Classification).

    Information about the applicant:

    • Full name and address of the applicant (individual or company).
    • If applicable, details of the applicant’s resident representative in Kazakhstan (mandatory for foreign applicants).

    Additional documents (may be required):

    • Power of attorney, if the applicant submits an application through an intellectual property representative.
    • Certified copy of the priority document, if the right-of-way claim is based on a previous submission elsewhere.

    Important Note: Documents must be submitted in Kazakh or Russian. Fees associated with the registration process must be paid.

    Trademark registration fees in Kazakhstan

    Service Name Price (KZT, including VAT)
    Receiving applications and verifying registration of trademarks and service marks for up to 3 classes of the Nice Classification 16.599.521,20
    The surcharge per class of the Nice Classification exceeds 3 classes 7.193.761,30
    Full verification for registration of trademarks and service marks for up to 3 classes of the Nice Classification 44.000.321,40
    The surcharge per class of the Nice Classification exceeds 3 classes 9.800,00
    Receiving applications for registration and verification of collective trademark registration 101.153.922,10
    Receiving applications and preliminary verification of collective trademark registration for up to 3 classes of the Nice Classification 36.300,322,20
    The surcharge per class of the Nice Classification exceeds 3 classes 7.193.762,30
    Full due diligence for collective trademark registration for up to 3 classes of the Nice Classification 64.853.602,40
    The surcharge per class of the Nice Classification exceeds 3 classes 9.800,00
    Work related to registration of trademarks and service marks in the State Register, issuance of certificates and publication of registration information 36.544.48
    The work of disclosure of registration information and issuance of Certificates of rights to collective marks in the State Register 89.173.28

     

    How to file for trademark registration in Kazakhstan

    To file for trademark protection in Kazakhstan, you can apply by the following filing methods:

    • Direct submission: Customers can come directly to the National Institute of Intellectual Property at Mangilik Yel ave., building 57A 010000, Astana Republic of Kazakhstan to submit the application and related documents.
    • By Post: You can send your application form and all necessary documents via postal service or courier service to the address of the National Intellectual Property Institute at Mangilik Yel ave., building 57A 010000, Astana Republic of Kazakhstan.
    • Submit online via website:

    Log in to the website and create an account to apply online https://newcab.kazpatent.kz/ When applying online, you should pay attention to the payment of relevant fees according to the guidelines of the National Institute of Intellectual Property.

    Trademark registration in Kazakhstan via the Madrid System

    The Madrid system is a convenient and cost-effective solution for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.

    Madrid Agreement:

    • Kazakhstan joined the Madrid Accords on 25 December 1991.
    • The Madrid Agreement allows trademark owners to register their trademarks in a single member state (“country of origin”) and then extend protection to other member states (“nominating countries”) through a single international application.

    Madrid Protocol:

    • Kazakhstan acceded to the Madrid Protocol on 8 December 2010.
    • The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.
    • The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.

    Trademark registration dossier under the Madrid System

    The Madrid Application consists of the Madrid Single of Vietnamese origin and the Madrid Single with Kazakhstan designation.

    For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:

    • Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
    • 02 MM2 declarations according to the form of the International Office in English or French;
    • 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
    • 02 MM18 declarations in English (if the application has a US designation);
    • Written authorization in Vietnamese (According to the form of Viet An Law Firm);
    • Documents of payment of fees for international registration of trademarks of Vietnamese origin;
    • Other relevant documents (if necessary).

    Application fees through the Madrid System

    The fees include:

    • Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and
    • Additional fees depend on where the claimant wishes to protect his trademark and the number of classes of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

    Trademark registration service in Kazakhstan of Viet An Law Firm

    • Carry out the search and notify customers in writing the results of trademark search in Kazakhstan;
    • Drafting dossiers and directly submitting and monitoring the status of trademark application filings in Kazakhstan on behalf of trademark owners;
    • Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Kazakhstan;
    • Assist in monitoring, representing the resolution of objections and responding to intellectual property representatives carrying out procedures in Kazakhstan.
    • Receive dispatches, certificates and hand over to customers (if any).

    If you want to file a trademark application in Kazakhstan, please contact Viet An Law Firm for the most effective support.

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