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Patent attorney in Kazakhstan
Registration of trademarks in Kazakhstan is the responsibility of the Intellectual Property Rights Committee of the Ministry of Justice of the Republic of Kazakhstan. The trademarks (mark for goods and services) in Kazakhstan can be registered by legal entities and individual entrepreneurs. Unfortunately, the registration is not available for individuals.
The registration procedure takes up to 12 months and includes the following steps:
- Preliminary examination.
This step involves checking of documents submitted, their correct completion, verification of the specified classes for goods and services and check of payment of fees required for trademark registration. If all conditions are met, the mark proceeds to a thorough check.
- Thorough check/examination.
At this step, the Republic of Kazakhstan Patent Office checks the eligibility of the applied trademark for protection. It is checked whether the applied trademark violates the third party rights, and whether it is similar to the trademarks registered in the territory of Kazakhstan. The result of this step can be positive, i.e. trademark registration, or denial of registration. The likelihood of registration denial can be reduced to almost zero via a preliminary search for trademarks. Also, the registration denial may be challenged to the Appeal Council at the Intellectual Property Rights Committee in Kazakhstan. The third parties may also apply for cancellation of a service mark registration there.
- Trademark registration in Kazakhstan.
If all documents are correct and the trademark does not infringe the third party rights, the decision on its registration is made. Information about the mark registration shall be published and enter the relevant registry, and the right holder is issued a relevant document, i.e. a registration certificate.
The registered trademark validity in Kazakhstan is 10 years, with the possibility of its extension for the same period.