On approval of the Rules for the Recognition of a Trademark or a Designation used as a Trademark as a well-known trademark in the Republic of Kazakhstan

Home / Order / On approval of the Rules for the Recognition of a Trademark or a Designation used as a Trademark as a well-known trademark in the Republic of Kazakhstan

Order of the Minister of Justice of the Republic of Kazakhstan dated January 28, 2026 No. 97. Registered with the Ministry of Justice of the Republic of Kazakhstan on January 29, 2026 No. 37905.

In accordance with subparagraph 2) paragraph 2 of Article 3 of the Law of the Republic of Kazakhstan "On Trademarks, Service marks, geographical indications and names of places of origin of goods" I ORDER:

1. To approve the attached Rules for the recognition of a trademark or a designation used as a trademark as a well-known trademark in the Republic of Kazakhstan.

2. The Committee on Intellectual Property Rights of the Ministry of Justice of the Republic of Kazakhstan, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, shall ensure:

1) state registration of this order;

2) posting of this order on the official Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

3. Control over the execution of this order is entrusted to the supervising Vice Minister of Justice of the Republic of Kazakhstan.

4. This order shall enter into force upon the expiration of ten calendar days after the date of its first official publication.

Minister of Justice of the Republic of Kazakhstan

E. Sarsembayev

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan on January 28, 2026 No. 97

Rules for the recognition of a trademark or a designation used as a trademark as a well-known trademark in the Republic of Kazakhstan

Chapter 1. General provisions

1. The Rules for the recognition of a trademark or a designation used as a trademark as a well–known trademark in the Republic of Kazakhstan (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 2) Paragraph 2 of Article 3 of the Law of the Republic of Kazakhstan "On Trademarks, Service Marks, Geographical Indications and Names of places of origin of Goods" (hereinafter – The Law) and determine the procedure for the recognition of a trademark registered in the territory of the Republic of Kazakhstan or protected by virtue of international treaties, or used as a trademark designation without legal protection in the Republic of Kazakhstan, which has become widely known in the Republic of Kazakhstan as a result of its active use (hereinafter referred to as the designation), as a well–known trademark in the Republic of Kazakhstan.

2. The following concepts are used in the Rules:

1) bulletin – an official periodical on the protection of trademarks and names of places of origin of goods;

2) well–known trademark - a designation used as a trademark, or a trademark recognized as well-known by a decision of an authorized body based on evidence from interested parties;

3) the applicant is a natural or legal person who has submitted to the authorized body an application for recognition of a trademark or designation as a well–known trademark in the Republic of Kazakhstan.;

4) patent attorney is a citizen of the Republic of Kazakhstan who, in accordance with the legislation of the Republic of Kazakhstan, has been granted the right to represent individuals and legal entities before an authorized body and an expert organization.;

5) expert organization – Republican State Enterprise on the right of economic management "National Institute of Intellectual Property" of the Committee on Intellectual Property Rights of the Ministry of Justice of the Republic of Kazakhstan;

6) the Commission for the recognition of a trademark as well–known in the Republic of Kazakhstan (hereinafter referred to as the Commission) is a collegial body under the authorized body for reviewing applications for the recognition of a trademark or designation as a well–known trademark in the Republic of Kazakhstan.;

7) the working body of the Commission for the recognition of a trademark as well–known in the Republic of Kazakhstan (hereinafter referred to as the working body of the Commission) is the Office for Pre–trial Dispute Resolution in the field of Industrial Property of the Committee on Intellectual Property Rights of the Ministry of Justice of the Republic of Kazakhstan;

8) the authorized body is the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the Ministry).

Chapter 2. The procedure for recognizing a trademark or designation as a well-known trademark in the Republic of Kazakhstan

Paragraph 1. Submission of the application

3. In order to recognize a trademark or designation as a well-known trademark in the Republic of Kazakhstan, the applicant submits for consideration by the Commission an application for recognition of the trademark or designation as a well-known trademark in the Republic of Kazakhstan in Kazakh or Russian in paper or electronic format through the office of the authorized body.

The application relates to a single trademark or designation and contains the following:

1) information about the applicant, indicating the place of residence or location;

2) an image of a trademark or designation claimed as a well-known trademark;

3) the date on which, in the applicant's opinion, the trademark or designation became generally known.;

4) a list of goods and (or) services for which, in the applicant's opinion, the trademark or designation has become generally known.

The image quality of the claimed trademark or designation is presented in a form that allows it to be used without losing its aesthetic and (or) ergonomic features.

4. The application must be accompanied by:

1) documents confirming the well-known trademark or designation, which include, inter alia:

documents confirming the scale and duration of use (supply, purchase, distribution, invoices, invoices, sales reports, archival documents, first packages, catalogs, etc.);

advertising and marketing materials (advertising layouts, videos, banners, outdoor advertising, etc.), including evidence of advertising costs (contracts, invoices, acts), information about advertising campaigns;

publications and mentions in the media, including online sources;

analytical reports of research companies;

financial and accounting documents confirming data on the volume and turnover of production and sale of goods or services under the claimed trademark or designation, including turnover related to products;

statistics of visits to websites and pages in social networks;

data about search queries (Google Trends, Yandex Wordstat);

information about prizes and awards in the industry, about entering popular ratings of products or brands;

certificates of participation in exhibitions, contests and other events;

letters and confirmations from partners, contractors, and retail chains;

marketplace data on sales and popularity of a product or service under a trademark or designation;

expert opinions of industry experts;

2) a copy of the power of attorney issued in accordance with the procedure established by law, if an application is submitted by a representative;

3) the results of sociological and (or) marketing research (consumer survey) on the prominence of a trademark or designation.

5. The application is signed by the person submitting the application, indicating the date of signing. On behalf of the legal entity, the application is signed by the head of the organization or an authorized person indicating the position. Copies of documents confirming the position and authority of such a person are also attached to the application.

When submitting an application through a proxy representative, the application is signed by the proxy representative.

6. Information about the actual recognition of a trademark or designation as well-known is confirmed by the results of a consumer survey in the form of a report conducted by a specialized independent organization in the Republic of Kazakhstan with professional experience in marketing and sociological research, as well as a methodology that meets international standards.

The survey covers the capital, cities of national significance and at least five cities of regional significance. The total number of respondents in one locality is at least two hundred people.

The footnote. Paragraph 6 is amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated 06/18/2026 No. 572 (effective from 07/01/2026).

7. The applicant makes corrections, additions and clarifications to the application materials at any stage until the completion of its consideration.

Paragraph 2. Registration and acceptance of the application

8. The received application is registered by the office of the authorized body and an incoming number is assigned to it, which is subsequently submitted for consideration to the Chairman of the Commission – the Vice Minister of Justice of the Republic of Kazakhstan, the Deputy Chairman of the Commission – the Chairman of the Committee on Intellectual Property Rights of the Ministry, the head of the working body of the Commission and the executive officer of the working body of the Commission (hereinafter referred to as the Secretary of the Commission).

Within five working days from the date of receipt of the application for recognition of a trademark or designation as a well-known trademark in the Republic of Kazakhstan, the Secretary of the Commission verifies the compliance of the application and the attached documents with the content and list specified in paragraphs 3, 4 of the Rules.

9. He refuses to accept the application for consideration if:

1) the application and the attached documents do not correspond to the content and list specified in paragraphs 3, 4 of the Rules.;

2) the application has not been signed or signed by a person who does not have the authority to sign it.;

3) the application has been filed in respect of a trademark registered in the territory of the Republic of Kazakhstan or protected by virtue of international treaties in the name of another natural or legal person.

In the presence of these circumstances, the Secretary of the Commission sends the applicant a notice of refusal to accept the application for consideration.

Refusal to accept an application for consideration is not an obstacle to re-filing an application after the reasons for the refusal have been eliminated.

10. In case of receiving a positive result of verification of the documents specified in paragraphs 3, 4 of the Rules, the Secretary of the Commission sends the application and the attached documents to the expert organization.

The expert organization publishes information about the received application in the bulletin.

After the information is published in the bulletin, the Secretary of the Commission shall send a notice of publication to the applicant within three working days, indicating the name, number and date of publication of the bulletin.

11. The applicant or his representative may file a request for withdrawal of the submitted application at any stage of consideration. The decision to leave the application without consideration is formalized by the minutes of the Commission meeting.

Paragraph 3. Terms of consideration of the application

12. After three months from the date of publication in the bulletin, the Commission shall review the application and the materials attached to it within two months.

13. If, within three months, the authorized body receives an objection to the recognition of the claimed trademark or designation as generally known from interested parties, including from the owners of trademarks that are identical or confusingly similar to the applicant's trademark or designation, protected or claimed in respect of similar goods and (or) services, with a priority of more than earlier than the date on which the applicant applies for recognition of his trademark or designation as generally known, The Secretary of the Commission shall notify the applicant of the receipt of such an objection within five working days from the date of receipt of the objection.

The applicant sends a response to the objection through the office of the authorized body within one month from the date of its receipt.

14. The period of consideration of the application is extended to two months upon the written request of the applicant, including, if necessary, additional time to submit a response to the objection of the person concerned, as well as additional information confirming the well-known trademark or designation.

Paragraph 4. Consideration of the application at the meeting of the Commission

15. The applicant or his representative(s) shall participate in the consideration of the application. The powers of the representative(s) are confirmed by a power of attorney.

16. The applicant or his representative(s) shall be notified of the date and time of the Commission meeting five working days before the date of the meeting.

17. The meeting is held in face-to-face and/or remote format in the language of the submitted application.

18. A meeting of the Commission is considered valid with the participation of at least 2/3 of its members.

19. The Commission reschedules the date of the meeting if the applicant requests that time is needed to provide additional information confirming the well-known trademark or designation.

20. Consideration of the application begins with a statement by the person presiding at the meeting – the Chairman of the Commission or his deputy.

Further consideration is conducted in the following order:

1) the statement of the Secretary of the Commission on the consideration of the application;

2) the statement of the applicant and (or) his representative(s);

3) questions from the members of the Commission and answers from the applicant and (or) his representative(s).

21. At the meeting of the Commission, the secretary keeps a protocol, which reflects: the date and time of the meeting, the surname, first name, patronymic (if any) of the individual or the name of the legal entity on whose behalf the application was received, a summary of the application, the results of consideration of the application.

Paragraph 5. Decisions taken by the Commission based on the results of consideration of the application

22. Based on the results of consideration of the application, the Commission makes a decision to recognize a trademark or designation as a well-known trademark in the Republic of Kazakhstan or to refuse such recognition, which is sent to the applicant within ten working days from the date of such decision.

23. All members of the Commission enjoy equal rights. The Commission's decision is made by a majority vote of the total number of its members participating in the meeting.

The Chairman announces the operative part of the adopted decision to the persons participating in the consideration of the application.

24. The adopted decision is sent to the persons who participated in the consideration of the application within ten working days from the date of its issuance. The Commission's decision is set out in writing in the language of the submitted application and consists of introductory, descriptive, motivational and resolute parts.

The decision is signed by all members and the Secretary of the Commission.

25. If the factual information provided by the applicant confirms the date when the trademark or designation became generally known, other than that indicated in the application, the trademark or designation is recognized as generally known from the actual date.

26. A decision to refuse to recognize a trademark or designation as a well-known trademark in the Republic of Kazakhstan is made if it is established that:

1) the information is insufficient to recognize its general knowledge;

2) there is a trademark that is identical or confusingly similar to the applicant's trademark or designation, protected or claimed in the name of another person in respect of similar goods and (or) services, with priority earlier than the date from which the applicant applies to recognize his trademark or designation as a well-known trademark in the Republic of Kazakhstan.

3) a trademark or designation declared as a well-known trademark in the Republic of Kazakhstan does not have distinguishing ability, including on the grounds established by Article 6 of the Law.

27. The Commission's decision may be appealed to the court.

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases Declaration Decree Order Resolution Decision Report Conclusion Statement Conclusion Convention Contract Memorandum Methodology Norms Note Rules Program Charter Charter Article Commentary Resolution Regulations Protocol Draft Program Rules Messages