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 trademark identity and full availability (clearance) searches. Such searches will almost eliminate a risk of refusal to register your trademark. The trade name and other searches allow obtaining valuable commercial and business information;
- Drafting, filing and prosecution of trademark applications until the issue of their titles of protection;
- Providing assistance in filings trademark applications for in the other countries of the Central Asia and CIS in accordance with national and international procedures;
- Assisting in recognition of trademarks as well-known;
- Making amendments in applications, titles of protection and extension of terms 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 the registration of a trademark;
- Enforcement and prevention of infringement of trademark rights;
- Issue of legal opinions in relation to trademarks;
- Representing clients in before the state authorities, in courts 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.