What can be a trademark?
A trademark can be any pictorial, verbal, alphabetic, numeric or other designations, or combinations thereof, to distinguish certain goods (services) on the market from others
Designations that have come into general use, direct descriptions of goods, false or misleading designations cannot be a trademark.
Who can register a trademark?
A trademark in Kazakhstan can be registered by any local or foreign individuals and legal entities, and the application is submitted independently or with the help of specialists.
How to register a trademark?
To register a trademark, an online application is submitted to the authorized body, the National Institute of Intellectual Property (NIIP), using electronic digital keys.
The application must contain a sample of the trademark, which is subject to verification during a preliminary and full examination for uniqueness. Based on the results of the audit, the NIIP may refuse registration or approve the registration of a trademark in part or in full.
How long does a trademark take to register?
The main deadlines for registration are allocated to examinations:
• Preliminary examination – 10 working days from the date of application submission;
• Full examination – 7 months from the date of application submission.
It is also necessary to set aside time for the collection of documents, technical verification of the application and the issuance of the registration certificate. Approximate timeframe for trademark registration is 8 to 10 months.
How much does it cost to register a trademark?
To register a trademark, state fees are paid for each separate step and operation. The minimum mandatory state fee for 2021 will be about $200.
Additional types of fees also depend on the number of classes of the ICSU - International Classification of Goods and Services, as each additional class over three requires additional payment.
In which countries will a trademark be protected?
Trademark registration in Kazakhstan provides for legal protection within the country. However, there is a possibility to extend legal protection to other countries as part of an international registration, which is conducted in a separate procedure.
How long is a trademark protected?
The legal protection of the trademark is valid for 10 years from the date of registration of the application. The term of protection can be extended for 10 years an unlimited number of times, an application for extension is submitted during each last year of protection.
It is worth remembering that if a trademark is not used without a valid reason continuously for 3 years, registration may be cancelled.
Can I register a trademark myself?
Registration can be carried out independently or through patent attorneys - specialists who have passed certification in the authorized body.
Registration through patent attorneys is recommended for non-residents, since foreign persons cannot independently obtain remote access to the necessary information systems for filing an application.
The MG Partners legal team consists of three patent attorneys who are always ready to provide legal advice and assistance in trademark registration on the territory of the Republic of Kazakhstan.
Author: Ayazhanym Alzhan, Patent Attorney at MG Partners