The short answer
A Kazakhstan trademark registration is effective for 10 years from the date the application was submitted. File the renewal petition in the last year, or within 6 months after expiry to restore the missed deadline. A third party cannot register a confusingly similar mark for 1 year after expiry. A mark can be challenged for non-use, and filings must be in Kazakh or Russian.
Trademark deadlines in Kazakhstan at a glance
These rules come from Law No. 456-I of 26 July 1999 on Trademarks, Service Marks and Appellations of Origin, in the English text on WIPO Lex as amended up to Law No. 378-V of 31 October 2015. WIPO Lex lists later amendments up to 2024, so we confirm the current text and the filing rules with the authority before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years, extendable each time for 10 years (Article 15). |
| Which date does the term count from? | The date the application was submitted to the examination organisation (Article 15(1)), not the date of the certificate. |
| When can I renew? | File the owner's petition for extension during the last year of the registration. The extension is for 10 years and is entered in the register within one month (Article 15(2)). |
| Is there a grace period? | Yes. The missed deadline may be restored on the owner's application filed within 6 months after the registration expires (Article 15(3)). For one year after expiry, nobody else may register an identical or confusingly similar mark except the former owner (Article 17). |
| Opposition period | The Law has no opposition stage before registration in the text we reviewed. Third parties challenge a registration afterwards by filing an objection with the Appellate Council. The Council decides within 6 months, and the grounds depend on Articles 6 and 7 (Article 23 and Article 41). |
| Reply to an office action | The examination has a preliminary stage (one month) and a full stage (nine months). The applicant has three months to answer a preliminary refusal with a reasoned objection, and can then object to the Appellate Council within three months of the expert opinion (Articles 11 and 12). |
| Priority claim | Convention priority applies if the application is filed in Kazakhstan within 6 months of the first application in a Paris Convention state. Claim it in the application or within two months, with a certified copy of the first application (Article 10). |
| Non-use | The owner must use the mark. Any interested party can object to the authorised body for non-use. The WIPO Lex text reads three years preceding the objection, and its wording is unclear on a registration-date alternative, so we confirm the current rule. The Appellate Council decides within 6 months, and circumstances beyond the owner's control are taken into account (Article 19(4)). |
| Assignment | The exclusive right can be assigned by contract, and the assignment, including by succession, must be registered by the authorised body. Assignment is not allowed if it may confuse consumers about the goods or the maker (Article 21). |
Who can register a trademark in Kazakhstan
Individuals and companies, including foreigners, can apply (Article 48). One application covers one mark, and goods and services follow the international classification. The application must be in Kazakh or Russian (Article 9).
Representation. Foreign applicants can use a representative with a power of attorney (Article 9(3)). Documents must be in Kazakh or Russian, and a translation is due within one month of filing if other languages are used (Article 9(4)). Patent agents must be Kazakh citizens resident in Kazakhstan (Article 46).
Trademark registration process in Kazakhstan
Search
- Search the the authorised body and the Kazakhstan examination organisation (National Institute of Intellectual Property) records for identical or similar marks in your classes.
File the application
- File with the the authorised body and the Kazakhstan examination organisation (National Institute of Intellectual Property), through your Kazakh representative.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After registration, interested parties can challenge it through an objection to the Appellate Council (Article 23).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the authorised body and the Kazakhstan examination organisation (National Institute of Intellectual Property) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Kazakhstan trademark validity and renewal
- The term is 10 years from the filing date.
- File the renewal petition in the last year.
- You can still restore a missed deadline within 6 months after expiry.
- A third party cannot register a confusingly similar mark for 1 year after expiry.
Diarise the expiry date from the date stated on your certificate and renew early.
Assignment, licence and changes to a Kazakh trademark
Assignment
Change of ownership
Register the assignment with the authorised body (Article 21).
Licence
Licensing the mark
A licence must keep quality at least equal to the licensor's goods (Article 21(2)).
Name or address
Change of details
The owner must tell the expert organisation of any change in name or residence (Article 14).
Division
Splitting an application
An application can be divided before the examination ends (Article 13).
Non-use and cancellation of a Kazakh trademark
Under Article 19(4) and Article 24, registration can be terminated for non-use after an objection by an interested party, which the Appellate Council decides within 6 months. A registration can also be invalidated if it broke Articles 6 and 7, and pre-court review by the Appellate Council is binding before going to court (Articles 23 and 41).
Keep dated proof of use in Kazakhstan: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Kazakhstan
Search the State Register of Trade Marks, which is public. Registration is published in the bulletin and on the website within two months after it is entered (Articles 14 and 16).
Sources used
- Law of the Republic of Kazakhstan No. 456-I of 26 July 1999 on Trademarks, Service Marks and Appellations of Origin, English text on WIPO Lex (as amended up to Law No. 378-V of 31 October 2015): Articles 9 to 17, 19, 21, 23, 24, 41 and 46 to 48.
- National Institute of Intellectual Property and the authorised body for forms, fees and the current text.
Kazakhstan trademark FAQ
How long does a trademark last in Kazakhstan, and from when?
10 years, extendable each time for 10 years (Article 15). It counts from the filing date (Article 15(1)).
When should I renew a Kazakh trademark, and is there a grace period?
File the owner's petition for extension during the last year of the registration. The extension is for 10 years and is entered in the register within one month (Article 15(2)).
What is the opposition period in Kazakhstan?
The Law has no opposition stage before registration in the text we reviewed. Third parties challenge a registration afterwards by filing an objection with the Appellate Council. The Council decides within 6 months, and the grounds depend on Articles 6 and 7 (Article 23 and Article 41).
How much does it cost to register a trademark in Kazakhstan?
The official fee is set by the the authorised body and the Kazakhstan examination organisation (National Institute of Intellectual Property) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Kazakhstan?
Yes. Foreigners and foreign companies have the same rights as Kazakh applicants (Article 48), and can file through a representative with a power of attorney. We handle the translation into Russian or Kazakh.
Can I assign a Kazakh trademark?
The exclusive right can be assigned by contract, and the assignment, including by succession, must be registered by the authorised body. Assignment is not allowed if it may confuse consumers about the goods or the maker (Article 21).
Can a Kazakh trademark be cancelled for non-use?
The owner must use the mark. Any interested party can object to the authorised body for non-use. The WIPO Lex text reads three years preceding the objection, and its wording is unclear on a registration-date alternative, so we confirm the current rule. The Appellate Council decides within 6 months, and circumstances beyond the owner's control are taken into account (Article 19(4)).
How can I check the status of a Kazakh trademark?
Use the the authorised body and the Kazakhstan examination organisation (National Institute of Intellectual Property) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Convention priority applies if the application is filed in Kazakhstan within 6 months of the first application in a Paris Convention state. Claim it in the application or within two months, with a certified copy of the first application (Article 10).
How do I change the owner's name or address?
Record the change with the the authorised body and the Kazakhstan examination organisation (National Institute of Intellectual Property) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Kazakhstan
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