Nice classification

Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, combinations or shades of colours, three-dimensional forms, the three-dimensional form of a good or its packaging and any combination of the mentioned signs. The following trademark types are registrable: trade marks, service marks and collective marks.

The application is filed at the Patent Office.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A power of attorney should be signed, sealed with a company's seal. If there is no company’s seal a power of attorney should be apostilled.
Foreign applicants do not need a domestic registration.
The registration process consists of two steps: a formal examination and a substantive examination.
The latter one includes an examination of distinctiveness and a search for identical or confusingly similar prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use. If by the result of the substantial examination a positive decision on registration of the mark is issued, the fee is paid for issue of a certificate. The fee for publication and registration of the certificate in the Republic of Kazakhstan is united. The mark is recorded in the State Register of Marks and published afterwards in the Official Bulletin.
The processing time from first filing to registration or first office action is approx. 10 months.

National:
Opposition to a trademark is possible at any time. If the trademark is opposed as confusingly similar to an earlier registration, it may be opposed during 5 years from registration.

Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
There is no opposition and, consequently, no opposition period for IR trademarks in Kazakhstan. However, anyone can proceed with cancellation against IR trademark within five years from the registration date (publication in WIPO Gazette) if there is any registered confusingly similar trademark.

A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.

The grace period for renewals is 6 months from the expiration date of the trademark.

If the trademark has not been used within 3 years from registration or has not been used later for a continuous period of 3 years, it may be subject to cancellation.

The official fee is approx. EUR 179.00 for up to three classes, approx. EUR 27.10 for each additional class and approx. EUR 67.20 for the registration.

Trademark Licence Agreement
A licence agreement has to be in writing. Licensing of unregistered marks is not permitted. A trademark can be licensed for all or some of the goods or services in respect of which the mark is registered. There are exclusive and non-exclusive licences. The sale of a registered trademark does not automatically terminate the licence. There are statutory provisions prescribing the terms of licensing. The quality of the licensee’s goods and services shall not be inferior to those of the licensor’s goods and services. The applicable law for the interpretation of the agreement may be the law of one country only. The licence agreement terminates concurrently with the trademark registration.

Recordal
There are provisions in law for the mandatory recordal of a licence agreement with the IP Rights Committee (IPRC). Unregistered licence agreements are not valid. The recordal for a licence agreement must be filed within six months of the date of signature of the contract. The licence agreement shall contain information about the nature and scope of the licence, the territory, quality control and the period of validity.

The following documents are required for a recordal:
1. Four originals or notarised copies of the licence agreement with the company seals/stamps. In the absence of the companies’ seal/stamp the licence agreement must be notarised and apostilled.
2. An original power of attorney from the licensor or licensee, signed, notarised and apostilled.
3. A notarised translation of the licence agreement into Russian. If the agreement is signed by a representative who is granted a power of attorney, it is necessary to submit a notarised copy thereof along with a notarised translation into Russian.
4. A document verifying the payment of the official fee

Effectiveness
A licence or sub-licence agreement comes into force from the date of the registration with the competent State Authority. After the recordal, information such as registration number and details of the licensor and the licensee is published in the Official Industrial Property Bulletin. The text of the licence agreement is not published.

Infringement Proceedings
There is an evidentiary presumption that use by a recorded licensee is permitted use. The licensee may join the trademark owner in infringement proceedings. He may also call upon the owner to institute infringement proceedings. The licensee can institute proceedings in his own name if the proprietor refuses or neglects to do so, provided that such right is stipulated in the licence agreement or the licence is exclusive. The licensee is not required to cite the trademark owner as co-defendant in any such proceedings, unless otherwise agreed upon in the contract.

Search type	First class	Add. class
Word Mark Search (availability)	360,00 €	150,00 €
Word Mark Search (identical)	340,00 €	130,00 €
Extended Search (word mark, company name, domain)	620,00 €	150,00 €
Device Mark Search (availability)	350,00 €	210,00 €
Trademark Owner Search
Company Name Search
Domain Name Search (extended)
i-Search (word mark availability + legal opinion)	375,00 €	225,00 €

The Prices above are S.M.D. Markeur Search Fees