Starting from October 2018, right holders, applicants and all other interested parties are able to receive free information on trademark applications filed for registration in Kazakhstan according to the national procedure.
Previously, open access was provided only to the database of registered trademarks.
This became possible thanks to the entry into force of the Law of the Republic of Kazakhstan "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the Improvement of Legislation in the Field of Intellectual Property" from June 20, 2018.
What opportunities open up in connection with the publication of trademark applications??
For right holders
Right holders and their representatives now have the opportunity to monitor applications filed with the Kazpatent to identify false or other marks that could potentially violate the rights of the owners of existing trademarks in Kazakhstan. Rightholders can see the content of the trademark application from the moment of completion of the preliminary examination, which gives them the opportunity to take measures in advance to send the objection (opposition) against the trademark registration before the Kazpatent takes the final decision on the application.
For potential applicants
Potential applicants now have the opportunity to conduct more complete preliminary check on a free basis to assess the chances of successful registration of the designation planned for registration. Also, applicants may declare their priority on the trademark applications filed by them, in order to minimize registration attempts and further possible use of identical or similar designations by third parties.
The list of disclosed information:
Trademark applications are published on a weekly basis in a special electronic newsletter within 5 working days from the date of completion of the preliminary examination. Interested parties receive the following information about the submitted applications for trademarks:
- image of the claimed designation;
- information about the applicant, including the address of the applicant;
- list of goods (services) in respect of which the registration of the mark is requested;
- number and date of trademark application filed ;
- country, number and date of first application, if convention priority is set;
- indication of collective trademark.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.