In Kazakhstan, Pending Trademark Applications Now Available Online

The information on all pending trademark applications in Kazakhstan recently became available on the National Institute of Intellectual property (NIIP) website, in Russian and Kazakh languages only.

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

The applications are published online within five working days after the formal examination is completed. 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, we had positive experience with filing informal observations and oppositions with the NIIP. The NIIP pays 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, i.e. within seven months from the trademark application filing date.

An appeal against the NIIP’s decision on refusal of a trademark application is considered by the Board of Appeal within three months from the date of the issue of the final refusal.

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

By: Djakhangir Aripov

For more information, please contact Djakhangir Aripov at our Uzbekistan office.