Automatic
check
TM check
by a specialist
Report on
trademark check
Discount 10%
24 hours
Registering a trademark with the National Institute of Intellectual Property (NIIP) takes about 12–18 months if there are no oppositions or errors in the application. Complex cases may take up to 24 months.
The deadline for filing an opposition is 3 months from the publication of the application in the Official Bulletin (NIIP Bulletin).
In Kazakhstan, you can register word marks, figurative marks, combined marks, three-dimensional marks, sound marks, color marks, and holograms, provided they are distinctive. Marks contrary to public morality or state symbols are prohibited.
The certificate is valid for 10 years from the filing date and can be renewed indefinitely every 10 years.
The owner has the exclusive right to use the mark commercially in Kazakhstan, prohibit others from using similar marks, and transfer or license the trademark rights.
The filing fee is approximately $200–400 for one class of goods/services, including registration and publication fees. Additional costs may include legal services or fees for extra classes.
No, use is not mandatory, but non-use for 3 consecutive years after registration may lead to cancellation upon third-party request, as per Article 19 of the Trademark Law.
If the trademark is not renewed within 10 years from the filing date, the registration is canceled. Reinstatement is possible within 6 months after the deadline by paying an additional fee.
In today's globalized economy, protecting your brand is paramount. A registered trademark (TM) not only safeguards your brand identity but also enhances your business's value and credibility. Kazakhstan, with its strategic location and growing economy, presents a promising market for businesses looking to expand in Central Asia. Registering your trademark in Kazakhstan ensures legal protection, exclusive rights to your brand, and a competitive edge in the market.
Protection Against Copying and Unfair Competition
Registering your trademark in Kazakhstan provides legal protection against unauthorized use, imitation, or infringement by competitors. This exclusive right helps maintain the integrity and reputation of your brand.
Exclusive Right to Use the Brand
A registered trademark grants you the sole right to use your brand in connection with the goods and services for which it is registered. This exclusivity is crucial for establishing a strong market presence.
Enhancing Company and Brand Value
A registered trademark is an intangible asset that adds value to your company. It can increase investor confidence and attract potential business partners by demonstrating your commitment to protecting your intellectual property.
Opportunities for Licensing and Franchising
With a registered trademark, you can license your brand to third parties or establish franchise agreements, allowing for business expansion and additional revenue streams.
Legal Advantage in Trademark Disputes
In case of disputes over trademark rights, having a registered trademark provides a legal advantage in enforcing your rights and resolving conflicts efficiently.
Preliminary Trademark Search
Before filing a trademark application, it's advisable to conduct a trademark name search to ensure that your desired trademark is not already registered or similar to existing ones. This step helps avoid potential conflicts and rejections.
Filing the Application
Submit your trademark application to the National Institute of Intellectual Property (NIIP) of the Republic of Kazakhstan. The application should include:
A clear representation of the trademark (tm logo, trademark registered logo, etc.).
A list of goods and/or services to be covered by the trademark, classified according to the Nice Classification.
Applicant's details, including name, address, and legal status.
Power of attorney, if filed by a representative.
Formal Examination
The NIIP conducts a formal examination to verify that the application complies with all procedural requirements. This includes checking the completeness of documents and classification of goods/services.
Substantive Examination
The NIIP examines the distinctiveness and registrability of the trademark. This step assesses whether the trademark is capable of distinguishing the applicant's goods/services from those of others.
Publication and Opposition Period
If the application passes the examinations, the trademark is published in the official bulletin. A three-month opposition period follows, during which third parties can challenge the registration.
Registration and Issuance of Certificate
If no opposition is filed or if opposition is resolved in favor of the applicant, the trademark is registered, and a certificate of registration is issued. The registered trademark is valid for ten years and can be renewed indefinitely.
All registered trademarks are recorded in the National Trademark Register maintained by the NIIP. This register is publicly accessible and serves as an official record of trademark ownership in Kazakhstan.
Navigating the trademark registration process can be complex, especially for those unfamiliar with the legal and procedural requirements. Common challenges include:
Incorrect classification of goods/services, leading to limited protection.
Failure to conduct a thorough trademark name search, resulting in conflicts with existing trademarks.
Inadequate response to office actions or oppositions, risking application rejection.
ProfitMark offers comprehensive support throughout the trademark registration process in Kazakhstan:
Full Support at All Stages: From preparation to obtaining the certificate, ensuring a smooth registration process.
Uniqueness Check and Preliminary Trademark Search: Conducting thorough searches to confirm the availability of your desired trademark.
Document Submission Without Personal Presence: Facilitating remote filing, saving time and resources.
Legal Support in Case of Objections or Disputes: Providing expert legal assistance to address any challenges that may arise.
Transparent Pricing and Fixed Timelines: Offering clear and predictable costs with defined timeframes.
Over 13 Years of Experience: Expertise in trademark registration across more than 30 countries.
International Team of Experts: A diverse team with in-depth knowledge of global trademark laws.
Professional Approach to Each Client: Tailored services to meet the unique needs of every client.
Online Service: Complete online platform for convenient and efficient service.
Quality Guarantee: Commitment to delivering high-quality services and client satisfaction.
Protecting your brand through trademark registration in Kazakhstan is a strategic move that secures your intellectual property and positions your business for success in the Central Asian market. With ProfitMark's expertise and comprehensive services, the registration process becomes straightforward and reliable.
Contact ProfitMark today to safeguard your brand and unlock new business opportunities in Kazakhstan!