The World Intellectual Property Organization has an International Bureau that administratively manages the aforementioned Madrid System. The Republic of Kazakhstan is a party to the Madrid Agreement and the Protocol to the Madrid Agreement. The international registration of trademarks is an extremely convenient and useful mechanism that allows trademark holders to protect their marks in many member countries of the Madrid Union by filing a single application and paying a single fee. It also simplifies the subsequent management of the trademark, that is, to make changes, limit the scope of rights, renew the registration, etc.
Prior to international trademark registration, if the trademark owner wishes, it is possible to search the WIPO Global Brand Database, which is available in the Madrid System. A number of national trademark collections are included in the WIPO Global Brand Database. The WIPO Global Brand Database allows you to search multiple sources simultaneously (Wipo.int). The benefit of a preliminary search is obvious and indisputable. Only based on the results of a preliminary search, you can make the right decision to file or not file an application for registration of a trademark. Of course, you can apply for trademark registration without a preliminary search procedure. But if an identical or similar sign is found, it is clear that money and time were wasted. Therefore, filing a trademark application without a preliminary search is an increased risk action with all the ensuing consequences. It is better to avoid them by using the preliminary search procedure. Also, a preliminary search allows you to solve the issue of time priority. According to the Trademark Law, priority belongs to the owner of the trademark who registers it earlier by the time of filing. The preliminary search procedure allows you to set the time period of validity of a particular trademark. For example, if a certain trademark has expired and is not renewed, then this situation is favorable for filing an application for registration of this trademark. Without a preliminary search, a situation may arise that the rights of another trademark owner may be infringed. Naturally, in this case, the registration of a trademark will be denied if filed at a later time. A preliminary search allows you to establish similarity according to the International Classification of Goods and Services (ICGS). If the designation submitted for registration as a trademark does not refer to similar related goods or services, then you can count on the success of the event. (intellsob.kz)