At the end of November 2020 the trademarks “Foodmaster”, “Bio-S” were recognized as well-known

Foodmaster Company has been working sinceĀ 1995 and almost all Kazakhstanis know the FOOD MASTER and BIO-S brands. However, in order to recognize these marks as well-known, it was necessary to go through a complex procedure, provide strong evidence confirming the popularity of the marks among local consumers of all ages groups.

Many manufacturers who have achieved large sales volumes and widespread popularity of their brand (trademark) are faced with the question of how to protect their intellectual property from unscrupulous competitors who are trying to cash in on someone else’s fame by circumventing the laws. Legal protection of an ordinary trademark does not always cope with this.

Firstly, if a mark consists of unprotected elements, and over the years of use has acquired a distinctive ability and is associated by the consumer with a certain manufacturer, according to the law, such a trademark has very little rights. The status of a trademark provides it with protection without any restrictions.

Secondly, from time to time, additional requirements for the registration of trademarks appear in legislative acts, which can lead to the refusal to provide legal protection even to those marks that have already proven their worth and distinctiveness on the market. The popularity of the mark, which is confirmed by the status of well-known, helps to avoid such prohibitions.

Thirdly, a trademark provides protection only for those goods and services for which it is registered. But if a mark is popular, third parties are tempted to take advantage of its prominence to draw attention to their products that are not covered by a valid registration. Then it is difficult for the owner of a well-known mark to prove a violation of his rights. The status of a well-known trademark ensures its protection for any goods and services. Therefore, when assessing the cost of such a mark is much higher, and its value is indicative, since for the recognition of a mark as well-known, significant objective evidence is required, which has been accumulated over the years.

The elite club of owners of well-known trademarks of Kazakhstan for all the years of its existence has only 47 registrations. By the way, 42 well-known trademarks received their status thanks to the professionalism of Bolotov & Partners specialists. There are currently 45 registrations of well-known trademarks in force, since such registrations are limited to ten years, after which an application for renewal is required with new evidence of the mark.

If you need any information or assistance in recognizing trademarks as well-known, our lawyers will always be happy to help you in this matter.