A trademark (trademark, logo, slogan and brand) is a designation used to distinguish goods (services) of certain legal entities or individuals from similar goods or services of other legal entities or individuals. A trademark is protected by virtue of its state registration or without registration under the Madrid Agreement and the Protocol relating to that Agreement.
Registration of a trademark is the first step towards protecting its products/services from unfair competition. Usually, the trademark owner invests in creation of a sign, covers the expenses related to activities to promote it in the market and turning his product into a recognizable, successful brand.
Until the trademark is properly registered, it is not protected. Only the registered trademark owner has the exclusive right to use it and can prohibit to the others its use without a clear permission.
When trademark is registered, the trademark owner acquires the following exclusive rights:
- to prohibit the use of his trademark to third parties;
- to grant the right to use its trademark by the third parties on a contractual basis (license);
- to sell the rights to the trademark to third parties (assignment of rights) or to pledge and etc.
The term of trademark registration is ten (10) years with a possibility of its repeated renewal every ten (10) years. The registration may be terminated ahead of schedule in cases of opposing trademark validity by a third party, liquidation of the company-owner of the trademark and in other cases provided for by the legislation of the Republic of Kazakhstan.
We offer following services related to international registration of a trademark:
- Evaluating benefits related to filing of application under international and national procedures;
- Drafting, filing and maintenance of trademark applications until granting title documents;
- Providing assistance in filing trademark application in other countries in accordance with national and international procedures;
- Drafting, filing and maintenance of applications to recognize trademarks as well-known;
- Making amendments in applications, titles of protection and prolongation of term of validity of trademark registrations;
- Legal support in relation to the assignment of rights to trademarks;
- Drafting and registration of license, assignment and pledge agreements;
- Early termination of trademark registration;
- Enforcement and prevention of violation of trademark rights;
- Issue of legal opinions in relation to trademark rights;
- Representing clients in the state authorities, in courts and other organizations in relation to trademark rights protection;
- Conducting comparative analysis related to similarity of designations;
- Checking the market and undertaking measures to protect trademark rights violation and prevention of trademark rights violation; and
- Other services.