Trademark Oppositions in Kazahstan

Cancellations in national trademark registration procedure in Kazakhstan

A trademark is any sign that can be represented graphically and capable of distinguishing goods or services.

After filing the trademark application, there is an examination step in which the examiners from the Patent and Trademark Office checks the proposed description of goods and/or services associated with the given mark and decides whether it can be registered or not.

Please note that, in Kazakhstan, trademark oppositions are not available.

The alternatives that an opponent can use are the cancellation, revocation or invalidation. The cancellation or any equivalent procedure should be based on relative and absolute grounds, on non-use, bad faith issues, conflicting copyright or design rights; rights under Art. 6 bis of the Paris Convention or notorious or well-known mark;  rights under Art. 6 septies of the Paris Convention; rights in a registered company name (local or foreign), rights under Art. 8 of the Paris Convention; rights under Art. 6 ter of the Paris Convention (Prohibitions concerning State Emblems, Official Hallmarks, and Emblems of Intergovernmental Organizations); offenses against public policy or principles of morality. The Kazakh Trademark Law states that a trademark can be canceled not only on the basis of rights in a prior-registered trademark, but also on the basis of prior rights to an industrial design or appellation of origin protected in Kazakhstan if the owner of the contested trademark has no right to use the appellation of origin; if the mark consists of the surname, first name, pseudonym or a derivative thereof, or portrait and facsimile of a person known in Kazakhstan, without the consent of this person or his successor in title or the competent body.

A cancellation action on the basis of prior rights in an identical or similar trademark or on the basis of a well-known trademark should be filed within five years from the publication’s date.

In case of non-use ground, the term for commencing a trademark cancellation is after three years of non-use.

If you are facing oppositions in national trademark registration procedure in Kazakhstan, please contact us at office@trademark-oppositions.com.