Recognition of a trademark as well-known in Kazakhstan

Aizhan MUKHAMMAD

Country Director – KAZAKHSTAN

Recognition of a trademark as well-known gives certain advantages to the trademark holder in comparison with the ordinary trademark registration. One of the significant differences is the extension of the protection of a well-known trademark to all goods and services.

The procedure for recognizing a trademark as well-known is provided for by law and consists of the following stages:

∙ Five working days are required to verify the compliance of the submitted application and documents with the requirements of the law.

∙ Publication of information about the received application in the newsletter.

∙ After three months from the date of publication, within two months the commission reviews the application and the materials attached to it.

∙ Adoption of a decision on recognition of a trademark as well-known or refusal of such recognition, which is sent to the owner (trademark holder) within ten working days from the date of such a decision.

The authorized body for consideration of the application is the Commission of the Appeal Board of the Ministry of Justice of the Republic of Kazakhstan.

An application for recognition of a trademark as well-known should contain:

1) information about the applicant indicating the place of residence or location;

2) an image of a trademark or designation claimed as a well-known mark;

3) the date from which, in the applicant’s opinion, the mark became generally known;

4) a list of goods (services) in respect to which, according to the applicant, the mark has become well-known.

The application should be supported with the following documents:

1) information confirming the well-known trademark or designation;

2) images of a trademark or designation in the format of 8×8 centimeters in five copies;

3) a copy of the power of attorney in the case of an application by a representative;

4) a document confirming the payment of the state fee for the recognition of a trademark as well-known.

Information on the actual recognition of a trademark as well-known should be confirmed by a consumer survey conducted by a specialized independent organization on the territory of the Republic of Kazakhstan. The survey should cover cities of republican significance, the capital and at least five cities of regional significance. The total number of respondents at one location should be at least 100 people.

The right to a well-known trademark is certified by a record of registration in the State Register of Trademarks and is confirmed by an extract from the State Register of Trademarks.

Photo by alexjbutler on Foter.com / CC BY