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Kazakhstan

Trademarks

General information

  • Valid Nice Classification  – NCL 11-2018

  • Procedure 

Registration period –  about 10-12 months from the date of filing. Proof of registration – Certificate Procedures feature – From the date of filing you should regularly monitor trade mark applications to check whether any of them conflict with your trade mark.

Step Term Official notification
Filing an application 1 day Notification with entr. number, Name of applicant, Date and time of filing
Formal examination 1 month Official notification about priority date
Substantive examination 8 month Official notification of granting/refusal
Granting the Certificate 1 month after payment for  granting Certificate

Requirements

1. The Applicant details

Legal Entity Physical person
The full official name (Engl. translitaration) The Name (as it is in the passport and/or Engl. transliteration)
 A Legal address  An address

2. The image of the TM (jpg), The verbal elements, other 3. Goods and services / classes NCL 11-2018 (we‘ll help you to choose the classes for your goods/services) 4. POA (scanned copy without legalization)

Representation by a trademark attorney Foreign applicants must perform the trademark prosecution in Kazakhstan through an agent, a registered in Kazakestan trademark attorney.

Priority document The priority document must be submitted within three months from filing a trademark application in Kazakhstan.

Translation. Foreign applicants must perform the trademark prosecution in Kazakhstan through an agent, a registered in Kazakhstan trademark attorney.

Opposition period against trademark application in Kazakhstan is not stipulated.

Signed and stamped Power of Attorney, in case the stamp is not available POA must be notarized. Legalization is not required (may be filed to the Kazakh Trademark Office within two months from the filing date).

Patent

General information

Invention

  • Procedure

Registration period – about 3-5 years from application filing date.

Proof of registration – Certificate.

Term of validity – 20 years from the application filing date. Patent for invention can be extended for additional 5 years if the object of the patent is a medicine, a pesticide, when the use of the product requires the permission of the competent authority.

What can be protected: product (device, substance, microorganism strain, plant and animal cell culture, etc.); method (process of affecting a material object with material resources); including use of a product or method for a new purpose and use of a new product for the specific purpose.

Step Term Official notification Deadline
Filing application 1 day Notification with registration number, name of applicant, date and time of filing. Direct filing with claiming priority – 12 months from priority date1. PCT national phase entry in Kazakhstan – 31 months from the priority date.
Formal examination 4-6 months from  application filing date Request to submit corrected or missing documents / Notification of completion of formal examination. Responding to formal examination request – 3 months from date of receipt2.
Substantive examination 2-4 years from filing of petition to proceed substantive examination Substantive examination Request / Decision of grant/refusal. Filing petition to proceed substantive examination – within 3 months from the receipt of Notification of completion of formal examination. Responding to Substantive examination request – 3 months from date of receipt2.
Grant and Publication within 6 months from grant fees payment Certificate Payment of grant and publication fees – 3 months from Grant decision receipt3.
Annuity fees each year Invitation to pay annuity fees Annuity fee for each subsequent year is paid during the previous year4. First annuity payment includes payment for the previous years starting from application filing date.

1 – This term may be extended for 2 months, upon corresponding fee payment.

2 – This term may be extended for 6 months, upon corresponding fee payment.

3 – This term may be extended for 3 months, upon corresponding fee payment.

4 – Validity of the patent can be renewed within 3 years after expiration of payment period, upon corresponding fee payment and payment annuity fees that were missed.

Utility model

  • Procedure

Registration period – about 10-12 months from from application filing date.

Proof of registration – Certificate.

Term of validity – 5 years from the application filing date. Patent for utility model can be extended for additional 3 years.

What can be protected: product (device, substance, microorganism strain, plant and animal cell culture, etc.); method (process of affecting a material object with material resources); including use of a product or method for a new purpose and use of a new product for the specific purpose; with the exception of diagnostic, therapeutic and surgical methods for treating humans or animals.

Step Term Official notification Deadline
Filing  application 1 day Notification with registration number, name of applicant, date and time of filing. Direct filing with claiming priority – 12 months from priority date1. PCT national phase entry in Kazakhstan – 31 months from the priority date.
Formal examination 4-6 months from  application filing date Request to submit corrected or missing documents / Decision of grant/refusal. Responding to formal examination request – 3 months from date of receipt2.
Grant and Publication within 6 months from grant fees payment Certificate Payment of grant and publication fees – 3 months from Grant decision receipt3.
Annuity fees each year Invitation to pay annuity fees Annuity fee for each subsequent year is paid during the previous year4.First annuity payment includes payment for the previous years starting from application filing date.

1 – This term may be extended for 2 months, upon corresponding fee payment.

2 – This term may be extended for 6 months, upon corresponding fee payment.

3 – This term may be extended for 3 months, upon corresponding fee payment.

4 – Validity of the patent can be renewed within 3 years after expiration of payment period, upon corresponding fee payment and payment annuity fees that were missed.

Requirements

Invention/utility model

1. Applicant details.

Legal Entity Natural person
Full official name (English transliteration) Name (as per passport and/or English transliteration)
Legal address Address

2. Inventor details.

Natural person
Name (as per passport and/or English transliteration)
Address

3. Number of International publication (PCT procedure) or Application materials: claims, description, abstract, drawings (non-PCT procedure; international application wasn’t published).

4. Kazakh or Russian translation of the application (we prepare by ourselves).

5. POA (no legalization or notarization required).

6. Certified copy of the priority application (if priority is claimed).

Representation by the invention attorney: Foreign applicants must perform the invention/utility model prosecution in Kazakhstan through an agent, a registered in Kazakhstan invention attorney.

POA and Kazakh or Russian translation of the application must be submitted within 2 months from the date of filing.

Priority documents must be submitted within 6 months from the date of filing.

Power of Attorney simply signed and stamped by the applicant(s), legalization and notarization are not required

Copyright

Copyright shall extend to scientific, literary and artistic works that are the outcome of creative effort whatever their purpose, content, merit or manner or form of expression.

Copyright shall protect both disclosed works and undisclosed works
that exist in an objective form, in particular:
1. written form (manuscript, typewritten text, musical score, etc.);
2. oral form (public recitation, public performance, etc.);
3. sound or visual recording (mechanical, digital, magnetic,
optical, etc.);
4. figurative form (drawing, sketch, painting, plan, industrial design, still from a cinematographic, television or video film, photograph, etc.); or
5. three-dimensional form (sculpture, model, mock-up, structure, etc.) or other form.
 

The general requirements for filing a copyright work are:

  1. Full name(s), address(es) and the date of birth(s) of the author(s);
  2. Full name(s), address(es) of the Right holder(s) (if differs from author);
  3. Title of the copyright work;
  4. Date of the creation of the work;
  5. A copy of the work in a material form printed or presented as computer file (if computer programs – in their initial form)

The procedure of copyright registration in Kyrgyzstan usually takes about 3-4 months.

A simply signed power of attorney is needed.