Well-known trademark

In order for a trademark to become well-known, its owner must prove its wide popularity. Proving that a trademark is well known is not easy. As a rule, well-known trademarks are owned by large companies whose products are distributed all over the world. Therefore, the possession of a well-known trademark is a very prestigious matter for the image and reputation of any company.

This is why all successful companies in business strive to have their trademarks well known. A well-known trademark is evidence of public recognition, which undoubtedly contributes to strengthening the company's position in a market economy. The status of a well-known trademark is inherently a guarantor of its protection against unfair actions by other persons. That is, we can say that the status of a well-known trademark provides its owner with perpetual legal protection. The fact is that if someone begins to encroach on a well-known trademark, then he will have to deal with a large, and even global company. Not every entrepreneur manages to achieve that his trademark is recognized as well-known. It is clear that such efforts and expenses for obtaining the status of a well-known trademark are within the power of only large market participants. Naturally, the owners of well-known trademarks will not give in so easily. Therefore, before encroaching on a well-known trademark, the person who has such intentions should think hard (intellsob.kz)

According to Article 18-1 Za of the Law of the Republic of Kazakhstan dated July 26, 1999 No. 456 “On Trademarks, Service Marks and Appellations of Origin of Goods”, a well-known trademark in the Republic of Kazakhstan may be recognized as a trademark registered on the territory of the Republic of Kazakhstan or protected in the force of international treaties, as well as designations used as a trademark without its legal protection in the Republic of Kazakhstan, but which, as a result of active use, has become widely known in the Republic of Kazakhstan.

In order for a trademark to acquire the status of a well-known trademark, a positive decision of the commission of the authorized body is necessary. In case of refusal of the commission of the authorized body, such a trademark cannot have the status of a well-known trademark. Any decision of the commission of the authorized body is sent to the trademark owner within ten working days from the date of the decision (online.zakon.kz)