Rights holders take note: pending trademark applications now available online

Kazakhstan
  • All pending trademark applications are now available on National Institute of Intellectual Property’s website
  • Applications are published online within five working days of completion of formal examination
  • This will simplify monitoring of potentially infringing applications

The information on all pending trademark applications in Kazakhstan has recently become available on the National Institute of Intellectual Property (NIIP)’s website, in Russian and Kazakh languages only.

On 3 July 2018 various amendments to the IP legislation came into force in Kazakhstan, aimed at simplifying the administrative procedures for obtaining protection for IP rights. Further to the recently adopted laws, in November 2018 Kazakhstan adopted new regulations defining in greater detail certain provisions related to the administrative procedures, allowing the NIIP to publish pending trademark applications online,  among other things. 

The applications are published online within five working days of the completion of the formal examination. This will simplify the monitoring of potentially infringing applications, enabling rights holders to file observations and oppositions before such applications become registrations

Although observations and oppositions against pending trademark applications are not explicitly provided for in the legislation, the author had a positive experience with filing informal observations and oppositions with the NIIP. The NIIP will pay attention to materials filed against pending applications and may use them when it issues its decisions. Informal observations must be filed before the examiner issues a decision on the pending application – that is, within seven months of the filing date of the trademark application.

An appeal against the NIIP’s refusal of a trademark application will be considered by the Board of Appeal within three months of the date of issue of the final refusal.

Apart from pending trademarks, applications for plant variety protection are now also published on the NIIP’s website, as well as all other registered IP rights, starting from the Official Gazette No 37 dated 8 October 2018.

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