As noted in the aforementioned Law, figurative, verbal, alphabetic, digital, three-dimensional and other designations or their combinations can be registered as a trademark, allowing to distinguish goods and services of one person from similar goods or services of other persons.
Only after the designation is registered as a trademark, it is granted legal protection. A trademark is used to distinguish homogeneous goods (services) of one participant from other participants. The designation may act as a trademark even without registering a trademark in Kazakhstan by virtue of international treaties in which the Republic of Kazakhstan participates.
According to the Law of the Republic of Kazakhstan “On Trademarks, Service Marks and Appellations of Origin of Goods” dated July 26, 1999 No. 456, starting from the date of registration of the designation as a trademark in the State Register of Trademarks, an exclusive right to a trademark arises.
When it comes to exclusive right, it refers to the right to use and dispose of a trademark. According to the exclusive right to a trademark, the trademark owner can either grant or prohibit other persons from using his trademark. No one has the right to use a trademark or a confusingly similar designation without the permission of the trademark owner. Such use is a violation of the exclusive right of the trademark owner, which entails liability in accordance with the current legislation of the Republic of Kazakhstan. The exclusive right to a trademark is a set of rights belonging to the owner of the trademark to be used at its own discretion by anyone that does not contradict the law to prohibit or permit use by other persons ( intellsob.kz ).
The exclusive right to a trademark is valid for ten years from the date of filing an application for state registration of a trademark in Kazakhstan with the Authorized State Body in the field of protection of trademarks, marks, service marks, appellations of origin of goods. At the request of the trademark owner, the trademark registration period is next ten years. (kazpatent.kz).
Exclusive right to use and dispose of the trademark.
According to the Law of the Republic of Kazakhstan “On Trademarks, Service Marks and Appellations of Origin of Goods” dated July 26, 1999 No. 456, a trademark, service mark is a designation registered or protected without registration by virtue of international treaties in which the Republic of Kazakhstan participates, serving to distinguish goods (services) of some legal or natural persons from similar goods (services) of other legal or natural persons.