Kazakhstan Trademark Information

Kazakhstan, officially the Republic of Kazakhstan is located in Eastern Europe/Western Asia and is bordered by Russia in the north, China in the east, Kyrgyzstan, Uzbekistan, and Turkmenistan in the south with the Caspian sea on the west. The population is estimated at 16,197,000 with a GDP of $182.04 billion.

Native Kazakhs, a mix of Turkic and Mongol nomadic tribes who migrated into the region in the 13th century, were rarely united as a single nation. The area was conquered by Russia in the 18th century, and Kazakhstan became a Soviet Republic in 1936. During the 1950s and 1960s agricultural "Virgin Lands" program, Soviet citizens were encouraged to help cultivate Kazakhstan's northern pastures. This influx of immigrants (mostly Russians, but also some other deported nationalities) skewed the ethnic mixture and enabled non-Kazakhs to outnumber natives. Independence in 1991 caused many of these newcomers to emigrate. Kazakhstan's economy is larger than those of all the other Central Asian states combined largely due to the country's vast natural resources and a recent history of political stability. Current issues include: developing a cohesive national identity; expanding the development of the country's vast energy resources and exporting them to world markets; achieving a sustainable economic growth; diversifying the economy outside the oil, gas, and mining sectors; enhancing Kazakhstan's competitiveness; and strengthening relations with neighboring states and other foreign powers.

Trademarks are assigned through the National Institute on Intellectual Property of the Committee on Intellectual Property Rights under the supervision of the Ministry of Justice of the Republic of Kazakhstan. Kazakhstan is a member of the Madrid Protocol. A trademark is valid for 10 years and may be renewed for further periods of 10 years each.

Those signs may not be registered as trademarks:

• trademarks registered in the Republic of Kazakhstan earlier in the name of other person for goods or services of the same type;
• trademarks that are well known in the Republic of Kazakhstan for goods and services of any type;
• signs in respect of which an application for registration has been filed previously with Kazpatent in the name of a third party for goods and services of the same type, (excepting those withdrawn);
• certification marks registered according to the established procedure in the territory of the Republic of Kazakhstan;
• appellations of origin protected in the Republic of Kazakhstan, except where they can be incorporated as unprotected elements in a trademark registered in the name of a person authorized to use the said appellation of origin.
• industrial designs protected in the Republic of Kazakhstan in the name of other persons on condition that they have priority;
• trade names (or parts of trade names) widely known in the territory of the Republic of Kazakhstan and belonging to third parties whose right to the said names came into being before the priority date of the application for registration of the mark for goods of the same type;
• titles of known literary, scientific or artistic works, or artistic works or parts of such works, that are protected by copyright;
• surnames, forenames, pseudonyms and names derived therefrom, and portraits and likenesses, where the reproduction of those elements infringes the non-pecuniary personal rights of the persons concerned, or their heirs or successors in title, or where those elements form part of the historical and cultural heritage of the Republic of Kazakhstan and are reproduced without the consent of the competent authority;