The article is devoted to one of the most complicated and prestigious procedures in Kazakhstan intellectual property law — the recognition of a trademark as well-known.
An analysis of all 85 registrations since the introduction of the institution in 2006 was conducted through the entire Registry of Well-Known Trademarks of the Republic of Kazakhstan.
Key points:
• The status remains rare. 85 trademarks over twenty years — against the backdrop of tens of thousands of ordinary registrations. Protection beyond the Nice Classification classes, immunity from cancellation for non-use, and the blocking of third-party applications make this procedure as the most powerful tool in a right holder’s arsenal.
• The registry works in waves. After an intensive start (16 trademarks in 2006–2009), there followed a five-year slump — only 2 trademarks in 2010–2014. Then 13 trademarks in 2015 and 17 trademarks in 2021. We show how these fluctuations coincide with changes in the requirements for social surveys.
• The new 2026 Rules tighten entry. From February 10, 2026, the survey sample is doubled — from 800 to 1,600 respondents. According to our estimates, this leads to a comparable increase in the cost of the procedure: a budget calculated under the previous rules requires revision.
• The digital footprint has become evidence. For the first time, a list of evidence is specified at the legislative level, such as search statistics, marketplace data, and social media metrics. For brands that grew online, this simplifies proving — but data must be collected in advance.
• A new ground for refusal has appeared. Now a trademark will not be recognized as well-known if it lacks distinctiveness or is capable of misleading a consumer. How this will be applied will be shown by future decisions of the Commission.
• The institution has become Kazakhstani. If in the first decade this tool was popular and used by international companies such as Coca-Cola, Toyota, and Philip Morris, today 57% of registrations over the last six years come from Kazakhstani companies. The leaders of the registry are RG Brands (6 trademarks) and Alina Group (5 trademarks).
Our firm’s practice in these numbers.
Bolotov & Partners recognized 45 trademarks of all 85 well-known trademarks ever recognized in Kazakhstan that is 53% of the total. This result is not just statistics, but twenty years of experience in handling the most complex procedures in the field of brand protection.
Read the full text of the article here: https://prg.kz/lawyer/document/?doc_id=33179235