The Kazakhstan Trademark Office is responsible for managing trademark affairs and the official language is Kazakh. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. Kazakhstan trademark registration adopts the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use". Kazakhstan is a contracting party to international intellectual property treaties such as the TRIPS Agreement, Trademark Law Treaty, Paris Convention, Nice Agreement, WIPO Convention, Singapore Treaty, and Nairobi Treaty. It has also joined the Madrid Agreement and Madrid Protocol, so trademark registration can be processed through "single country registration" or "Madrid international registration".
The Kazakhstan trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 12 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years. The invalidation or revocation application after trademark registration can generally be filed based on the following reasons: 1. Conflict with prior trademarks, such as owning a prior registered trademark; 2. Malicious registration; 3. Well known trademark; 4. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc; 5. The trademark lacks distinctiveness; 6. Trademarks are descriptive; 7. Common names or vocabulary within the industry; 8. The trademark has adverse effects; 9. Geographical Indication.
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. If the applicant does not reside in Kazakhstan, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are: 1. Trademark design; 2. Specific product/service items; 3. Name and address of the applicant; 4. Power of attorney; 5.If priority is declared, proof of priority must be provided. The main process for applying for registration of a trademark in Kazakhstan is: application acceptance announcement examination approval issuance announcement. The Kazakhstan Trademark Office will complete the formal examination about one month after the application is submitted, and publish the trademarks that have passed the formal examination. Any interested party may raise written objections from the time of the announcement by the Kazakhstan Trademark Office until the end of the substantive examination. Upon approval of the review, registration will be granted and a registration certificate will be issued; If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If everything goes smoothly, trademark registration in Kazakhstan takes about one year. Kazakhstan currently does not have a complete opposition procedure, but during the trademark examination process, anyone can raise objections to the trademark registration; After trademark registration, anyone who believes that a registered trademark has infringed their rights can apply for invalidation or revocation of the registered trademark to protect their trademark rights.
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