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The procedure and general rules for recognizing a trademark as well-known in the Republic of Kazakhstan.

In accordance with the current legislation in the field of trademarks of the Republic of Kazakhstan, popular trademarks can be registered as so-called well-known trademarks. The status of well-known gives right holders protection in respect of all goods and services, in comparison with ordinary trademarks for which legal protection extends only to those goods and services that were declared when filing an application for registration.

For trademarks with well-known status, it becomes possible to prohibit any use of the designation in relation to all goods and services specified in the International Classification of Goods and Services (ICGS). At the same time, there will be no need for right holders to register a trademark in a new way every time they have new types of goods and services. Obtaining recognition of a trademark as well-known will prevent any copying of it by third parties for advertising and promoting other's goods and services.

The criteria for recognizing a trademark as well-known are quite simple at first glance. According to the law, a well-known trademark in the Republic of Kazakhstan can be recognized by a decision of the authorized body (Ministry of Justice). This trademark may be registered on the territory of the Republic of Kazakhstan or not have registration and be protected by virtue of international treaties, or a designation used as a designation that does not have legal protection in the Republic of Kazakhstan and gained popularity as a result of active use in the Republic of Kazakhstan.

It should be noted that in order to recognize a trademark as well-known, it is mandatory to conduct a consumer survey, which must be carried out by a specialized independent organization. Information on the actual recognition of a trademark as well-known is confirmed by the results of such a survey of consumers in the territory of the Republic of Kazakhstan. The survey should cover the following cities:

- cities of republican significance (Almaty and Shymkent),

- capital (Nur-Sultan)

- at least five cities of regional significance to choose from (Aktau, Aktobe, Atyrau, Karaganda, Kokshetau, Kostanay, Kyzylorda, Pavlodar, Petropavlovsk, Taldykorgan, Taraz, Turkestan, Uralsk, Ust-Kamenogorsk.).

The total number of respondents in one locality must be at least one hundred people. The survey is conducted among the relevant consumer groups of respondents over 18 years old. The survey results should show how well the claimed mark is among the respondents who were interviewed and whether they associate the trademark with certain goods and services. The survey should also show how long they have known this trademark and whether they are consumers of products with such marking. The maximum number of respondents is not limited.

For consumer goods, the survey is conducted among "average" consumers (based on gender, age, education, social and material status), as well as among specialists in the relevant industries and trade.

For goods for industrial and technical purposes, the survey is carried out among specialists in production, trade or other business circles who are consumers of this type of product.

When preparing the evidence base of the well-known trademark, the following data and materials, for example, may also be provided:

- documentary evidence of active use of the trademark;

- statistics of sales volumes;

- data on the average annual number of consumers of goods with this trademark;

- information on advertising costs and confirmation of its intensity in accordance with the data of the annual financial statements;

- data on the intensive use of the trademark on the territory of the Republic of Kazakhstan (coverage of specific territories, terms of use);

- ways of using the trademark;

- data on the volume of sales of goods with a given trademark and distribution channels;

- data on the value of the trademark;

- data on the intensity of trademark advertising (in the media, at exhibitions, fairs);

- data on the number of licensees, manufacturers, distributors, importers, sellers;

- data on the degree of popularity of the trademark - local, regional, in neighboring states, worldwide;

- data on the availability of trademark registrations abroad;

- other information.

The materials presented should really demonstrate that the owner of the mark has made a lot of efforts to popularize his brand, and the mark is really known so much that when it is used by other manufacturers in any area, the consumer will be misled.

The procedures for filing, publishing, examining and registering an application for recognizing a trademark as well-known takes place according to the table below.

Additional time is required to prepare the consumer survey - approximately one month. In addition, the commission can change the period for consideration of the application.

 

ESTIMATED COSTS:

 

Survey (if needed):

·       Fees for ordering and obtaining a survey:  up to 4000 USD

·       Agent fee of a survey company: n/a

·       Official fee (if any): n/a

 

Filing & registration:

·       Agent fee for preparing and filing the application: up to 3000 USD

·       Official fee for publication: 10 USD USD

·       Other costs for disbursements such as translation of the documents, certification of the translation, etc.

·       Any additional costs:  Depends on applicant's amendments or response to objections from third parties.

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