Dispute resolution in courts: TRADEMARKS

Currently, Kazakhstan has the following means of protecting intellectual property rights:

  • Pre-trial settlement;
  • Civil proceeding.

The pre-trial settlement includes preparation and sending of letters of claim, warning letters about violation of rights. Civil law measures include an appeal to the court for the consideration of the case, which is governed by the general rules of civil legislation. Criminal proceeding include appeals and statements to the internal affairs bodies. According to the legislation of the Republic of Kazakhstan, trademark legal protection is granted basing on its registration according to Law “On Trademarks”, as well as without registration - by virtue of international treaties. According to the Article 42 of the Law “On Trademarks” the following disputes are subject to judicial review:

  • on the termination of the trademark registration that is identical or confusingly similar to a trademark recognized as the well-known in the Republic of Kazakhstan, if its use is capable of misleading the consumer regarding the product or its manufacturer;
  • on the lawfulness of issuing a certificate for a trademark or appellation of origin;
  • on violation of the exclusive right of the owner (right holder) of a trademark or the right to use an appellation of origin;
  • against the action of trademark registration in connection with its non-use;
  • on the conclusion and execution of licensing agreements for the trademark use;
  • on the lawfulness of recognizing a trademark as well-known;
  • other disputes related to the protection of rights arising from the certificate.