Trademarks, Well-known Marks & Appellations of Origin of Goods

A trademark is a designation registered or protected without registration based on international treaties to which Kazakhstan is a party and is used to distinguish goods or services produced or provided by one legal entity or individual from similar goods or services produced or provided by another legal entity or individual.

In the day-to-day life the terms “mark”, trade mark, “logo” or “brand” are sometimes used interchangeably with “trademark”. However, these become trademarks only after their registration.

A trademark or a sign used as a trademark in Kazakhstan without being protected by law, but which has become well-known due to its active use in Kazakhstan, may be recognized as a well-known trademark pursuant to a decision of the Department of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan.

A well-known trademark is a sign used as a trademark, or a trademark recognized as well-known, by virtue of international treaties to which Kazakhstan is a party, or a decision of the authorized agency or a court based on the evidence of interested parties. 31 trademarks recognized as well-known in Kazakhstan, 27 of which are recognized as well-known (or “established”) with the help of the lawyers of our firm.

An appellation of origin of goods means a geographical indication used to identify certain products whose special qualities are exclusively or mainly associated with the place of their manufacture, including climatic conditions and/or human factors. In Kazakhstan for example it is table water Sary Agash

We offer a full range of services in the area of protection of rights to trademarks, well-known trademarks and appellation of origin of goods:

  • Conducting a preliminary search of trademarks as to identity and similarity. Such search will almost eliminate the risk of refusal to register your trademark;
  • Drafting, filing and follow up until the issue of a title of protection;
  • Provision of assistance in connection with making filings of applications for registration of trademarks in other countries in accordance with national and international procedures;
  • Drafting, filing and follow up of the applications for a trademark to be recognized as well-known;
  • Entering amendments in applications, titles of protection and extension of the term of trademark registration;
  • Legal support in relation to the assignment of rights to trademarks
  • Drafting and registration of license agreements, assignment agreements and pledge agreements;
  • Early termination of the registration of a trademark;
  • Enforcement of rights to trademarks and prevention of infringement of rights to trademarks;
  • Issue of legal opinions in relation to trademarks;
  • Representing clients in relation to protection of rights to trademarks (before the state bodies and other organizations);
  • Comparative analysis related to similarity of marks
  • and other services.

On request of our clients, state authorities and organizations we conduct trainings and seminars on various IP issues.