Trademark cancellation/invalidation procedures in Kazakhstan

1. Is the cancellation/invalidation proposed after the other party's trademark registration, or is it proposed at another stage?

In Kazakhstan, cancellation or invalidation of a trademark is possible after the trademark has been registered and published in the official bulletin of the Intellectual Property Office. You can also challenge a mark before its registration, within a month after publication of application  in the official bulletin by filing objection to registration. 

2. If cancellation/invalidation is required, what is the process and cost (how many stages are there in total, and how much does each stage cost)?

There are two types of cancellation/invalidation procedures in Kazakhstan:

• Can be initiated after 3 years of continuous non-use of the trademark.

• Handled through judicial proceedings in the Specialized Inter-District Economic Court.

• Can be filed if:

  • Your trademark has priority.

  • The registered trademark was filed in bad faith.

  • There is confusion or similarity.

  • The registration violates public order or morality, etc.

✅ Stages and Estimated Cost:

1. Legal analysis and preparation of documents – approx. 150,000–250,000 KZT

2. Filing to the court – approx. 600 000 KZT– 1 500 000 KZT(equivalent in USD) (including court fees and representative fees)

3. Court hearing and decision – timeline: around 6–12 months

4. Appeal stage (optional) – additional costs apply if needed

💼 Legal representation is highly recommended, and power of attorney (POA) is required.

3. What is the deadline for proposing cancellation/invalidation?

• Relative grounds (e.g., earlier trademark right): within 5 years from the date of trademark registration.

• Absolute grounds (e.g., bad faith, public order): no time limit.

• Non-use cancellation: may be filed after 3 years of non-use from the registration date.

4. Is it necessary to base on what reasons filing the cancellation/invalidation application in Kazakhstan? If necessary, what reasons can we propose cancellation/invalidation based on?

Yes, Kazakhstan law requires specific grounds. These include:

• Earlier identical or confusingly similar trademark

• Trademark registered in bad faith

• Violation of absolute grounds (e.g. public order, generic terms)

• Non-use for 3 consecutive years

• Misleading the public or being contrary to public interest

5. If we file a cancellation/invalidation based on priority, does the priority proof document need to be notarized? Legalization? Original document?

Yes, if you are claiming priority under the Paris Convention:

• The priority document must be:

  • An official copy issued by the original patent/trademark office

  • Notarized

  • Legalized or apostilled, depending on the country of origin

  • Usually a scanned copy is sufficient initially, but original may be requested by the court

If you'd like, I can also help draft a cancellation letter, power of attorney, or official court filing based on your case. Just let me know.