National Institute of Intellectual Property
Dear applicants!
On February 8, 2024, the Minister of Justice of the Republic of Kazakhstan signed an order amending and supplementing the order dated August 29, 2018 No. 1349 "On Approval of the Rules for Examination of Applications for Selection Achievements, Industrial Property Objects, Trademarks, Service Marks, Geographical Indications, Appellations of Origin of Goods, on Registration of Topologies of Integrated Circuits" (hereinafter - the Rules).
The main addition made to the Rules is to provide applicants with an opportunity to reduce the time of examination of a trademark application from seven to three months by way of accelerated examination.
Under the conditions of dynamically developing market relations, development of electronic trading platforms, the practice of accelerated trademark examination is widely used in developed and developing countries, such as Singapore, USA, Japan, China, UK, India, Georgia.
In our country this novelty was introduced at the initiative of representatives of the business community and patent attorneys.
An expedited examination may be appropriate in the following cases:
- if the applicant is already doing business, but his trademark is not registered;
- if it is planned to sell its goods through electronic trading platforms (marketplaces);
- if the applicant is only planning to start a business;
Accelerated registration will help you enter the market quickly and without unnecessary risks.
At the same time, it should be taken into account that convention applications are not taken into account during the examination, in this regard, in addition to the grounds for refusal of registration of the claimed designation, provided by Art. 6 and 7 of the Law of the RK "On Trademarks, Service Marks, Geographical Indications and Appellations of Origin of Goods", in case of identification of an application with convention, exhibition and (or) other priority, the trademark may be canceled. In this case, the amount paid by the applicant shall not be refunded.
The cost of accelerated examination can be found on the official website of RSE "NIIS" in the section "About Qazpatent" - "Tariffs".
A request for accelerated examination of an application shall be submitted by the applicant when filing the application. A document confirming the established fee for accelerated examination of the application shall be submitted simultaneously with the request.
If the applicant fails to submit a document confirming the established fee, the application shall be deemed not to have been submitted, of which the applicant shall be notified within five working days from the date of submission of the application.
Taking into account the cost of conducting the examination in an accelerated procedure, it is recommended to carefully approach the filing of the application and assess the possibility of obtaining a positive decision by checking the claimed designation in the State Register of Trademarks available on the official website of RSE "NIIP", or to order a preliminary search and evaluate the claimed designation based on the grounds for refusal provided for in Articles 6 and 7 of the Law. 6 and 7 of the Law.
For more information or any questions, please contact our Contact Center at the following phone numbers:
+7 (7172) 62-15-15
+7 (7172) 62-15-16
