In the Republic of Kazakhstan, it is customary to register the following designations or their combinations as a trademark: verbal, figurative, alphabetic, digital, three-dimensional and others. According to the named designations or their combinations, it is possible to distinguish goods and services of some persons from similar goods or services of other persons (adilet.zan.kz).
Designations that do not have a distinctive ability cannot be registered as a trademark.
Not every designation can be registered as a trademark. Naturally, such restrictions include cases where the designation in its content is contrary to public interests, the principles of humanity and morality. Those designations that are false or capable of misleading regarding the product or its manufacturer, service or person providing services are not allowed to the process of registering a trademark in Kazakhstan. there are other restrictions for registering a designation as a trademark. So, for example, designations that are identical or confusingly similar are not subject to registration as trademarks. Also, of course, those designations that were previously registered as a trademark are not subject to registration. That is , in this case we are talking about the observance of the principle of priority . Thus, if you did not manage to register your trademark on time, and your competitor did, then there is no one to blame but yourself. (intellsob.kz) Also, those designations that are recognized in in accordance with the established procedure, well-known trademarks in the Republic of Kazakhstan in relation to any types of goods and services. Not subject to registration as a trademark are those designations that are registered with an earlier priority and protected by virtue of international treaties of the Republic of Kazakhstan. Another thing is when it comes to those trademarks whose registration has been declared invalid or terminated. Of course, in this case, it is necessary to have time to register such trademarks for those subjects of the market economy. who need it.
Thus , one should not violate the priority right of the person who registered his trademark for himself earlier than others . At the same time, it is possible to start the process of registering a previously registered trademark with the written consent of the trademark owner.
A trademark is an object of intellectual property
21.01.2022
Registration of a trademark in Kazakhstan is carried out in accordance with the Law of the Republic of Kazakhstan dated July 26, 1999 No. 456 "On Trademarks, Service Marks and Appellations of Origin".