Trademark registration in Kazakhstan – reliable protection for your brand with a personalized approach and professional support

In Kazakhstan, issues of official brand recognition and legal protection are the responsibility of a strictly defined government agency. The procedure is structured according to a hierarchical system of legislation.

Authorized agency
The National Institute of Intellectual Property (NIIP), a state-owned enterprise, has exclusive authority to review applications and issue security certificates. This organization is the sole executor in this area and reports to the Committee on Intellectual Property Rights, which operates within the Ministry of Justice of the Republic of Kazakhstan.

Legal basis of the procedure
The registration process is based on three interrelated levels of regulatory control:

• The first level is the code. The starting point is the provisions of the Civil Code, which enshrine the fundamental principles of ownership of rights to the results of intellectual labor and their circulation.
• The second level is the specialized law. The key document directly regulating all stages of registration (from document submission to protection of rights) is the Law "On Trademarks, Service Marks, Geographical Indications, and Appellations of Origin." It contains comprehensive requirements for applicants and the designations themselves.
• The third level is departmental instructions. Subordinate legislation issued by the Ministry of Justice (Ministerial Orders) provides detailed mechanisms for implementing the law. These regulations define specific rules for preparing application materials, expert evaluation algorithms, and also specify the amounts of mandatory payments and fees for legally significant actions.

Registration of a trademark is not a perpetual title, but a limited-term right that requires timely confirmation. The legislation of Kazakhstan establishes clear timeframes and procedures that allow one to own a brand for decades if simple rules are followed.

Base Term: 10 Years of Validity
By law, a protection certificate is issued for a term of 10 years. It is important to remember that the starting point of a brand's life cycle is not the date of receiving the document, but an earlier event — the date of filing the application with the NIIP. This means that the "clock starts ticking" from the very first day of applying to the patent office.

Eternal Life of a Brand: The Renewal Mechanism
The ten-year term is not a sentence. The law grants the rights holder the opportunity to extend the monopoly on the use of the mark an unlimited number of times. Each subsequent decade will be added to the term of protection upon fulfillment of two simple conditions:

1. Submission of an application to renew the term of registration.
2. Payment of the legally established fee for renewal.
   

Thus, with due attention, a brand can exist forever, passing by inheritance or remaining a company asset for decades.

Grace Period: A Second Chance for the Forgetful
An entrepreneur's life is full of worries, and the renewal date can be accidentally missed. The law takes into account the human factor and provides for a so-called grace (additional) period. If you did not have time to submit documents on time, you still have the opportunity to correct the situation within a certain time after the expiration of the main term.

However, it is important to understand that using this "insurance" without necessity is unprofitable. Restoration of rights during the grace period will entail not only the payment of the standard fee but also additional costs (usually in the form of a penalty or increased fee).

Summary and Important Advice
In order not to lose rights to a brand and not to overpay, make it a rule to:

• Mark in your calendar the date of filing the application, not the date of receiving the certificate.
• Begin the renewal procedure in advance (for example, 6-12 months before the expiration of the term).
• Remember that missing the deadline leads to the termination of legal protection, and your brand may become "ownerless," allowing competitors to register it.
  
  

Timely renewal is a simple habit that preserves your main marketing asset.

Even with careful preparation, an applicant may face refusal. To minimize risks, it is important to understand which shortcomings most often cause a negative verdict from the examination. Let us consider the four most common scenarios.

1. Lack of Originality and Common Usage
It is impossible to claim exclusive rights to designations that are descriptive or generic in nature. If the basis of the mark is a term that directly indicates the type of product (for example, "Sausage" for meat products), its function, or well-known properties, experts will qualify this as a lack of distinctiveness. Such elements cannot be assigned to a specific manufacturer because they are necessary for everyone to designate their activities.

2. Conflict with Priority Rights of Third Parties
The examination carefully compares the claimed designation with those that are already protected or are under consideration. If graphic, phonetic, or semantic similarity (to the point of possible confusion) with another's brand is found in relation to homogeneous goods, a refusal will follow. The market should not mislead consumers as to the origin of the products.

3. Presence of Unreliable or Ambiguous Information
It is prohibited to use elements in the composition of a mark that could mislead the buyer. A classic example is labeling "Bio," "Eco," or "Natural" in the absence of relevant certificates or actual compliance of the product with the stated standards. Also included here are indications of non-existent geographical origin or special properties that are not documented.

4. Loss in Time (Priority Application)
The Kazakhstani registration system is built on the principle of "first to file." This means that priority belongs to the one who submits documents earlier. If another person has filed an application for an identical or similar designation at least one day before you, their rights will be recognized as primary. Your mark, even if all other conditions are equal, will be denied protection due to later priority.

With the advent of 2026, the procedure for registering rights to brands in Kazakhstan has undergone significant adjustments. The changes have affected the fee system and the rules for forming application lists, which directly impacts the budget and strategy for filing documents.

Main Innovations of the Procedure

Limitation on the volume of the list.
A rule has been introduced according to which, within the boundaries of one classification section of the ICGS, it is permitted to include no more than ten items without the application of increasing coefficients. This limitation applies autonomously for each selected class.

Updated fee policy.
The calculation of state fees is now based on the following principle:

• The base rate covers the first ten items within one class.
• When including the eleventh and subsequent items in the same class, an additional fee arises. Its amount currently is 1,365 tenge for each excess unit of the list.
  
  

It is important to emphasize: exceeding the established limit in one class does not affect calculations for other classes – they are tariffed separately.

Current Fee Rates (including 16% VAT)
The amount of mandatory payments is differentiated depending on the category of the applicant:

Applicant Category	Cost of Filing and Examination (up to 3 classes, up to 10 items in each)
Legal entities	117 812,50 tenge
SME entities	88 359,38 tenge
Individuals	82 468,75 tenge

Additionally, it should be taken into account that if it is necessary to extend protection to the fourth and subsequent ICGS classes, a separate fee is charged, covering both the preliminary and main examination for each of them.

Practical Advice for Applicants
The preparation of the list of goods and services now requires a more balanced approach. Instead of mechanically listing all possible items, it is wiser to focus on ten truly significant items in each class. This will allow you to stay within the base tariff and avoid unjustified expenses. If an expanded list is fundamentally important, you need to budget in advance additional funds based on the above-mentioned fee for each item beyond the limit.

Such a confluence of circumstances is one of the most alarming scenarios for an entrepreneur. However, it is too early to despair. The legislation provides mechanisms for protection for those who can confirm the fact of good-faith use of the designation before the competitor's priority arose.

What Steps Can Be Taken
1. Initiation of an Opposition
After the information about the application filed by a third party is officially published (the standard period is three months from the date of filing), a window of opportunity for protection opens for you. It is necessary to send a reasoned appeal to the Appeals Board. The key element of success is a package of supporting materials proving that you were already conducting commercial activities under this designation. The following are accepted as evidence:

• Supply contracts and shipping documentation;
• Invoices and payment orders;
• Advertising layouts, brochures, publications;
• Photographs of products with the ability to link to the date of release.
  

2. Initiation of the Procedure for Recognition as a Well-Known Designation (Current 2026 Rules)
Since February 2026, updated regulations regarding the status of well-known marks have come into force. This tool requires serious effort but can be decisive even in the absence of formal registration.
Essence of the mechanism: Even without a certificate, a designation may receive legal protection if it is proven that, due to long and active use, it has become widely recognized among the target audience.
Necessary conditions: To initiate the process, you will need to submit an application to the Ministry of Justice, accompanied by a substantial evidentiary base. The package must include:

• Information on the volume of product (service) sales;
• Confirmation of advertising campaign costs;
• Publications in mass media;
• Data from social networks reflecting audience engagement.
  
  

Key requirement – sociological survey: A mandatory element is the results of a public opinion study. The survey must be conducted by an independent specialized organization. The geography of the study covers:

• Cities of republican significance;
• The capital;
• At least five regional centers.
  
  

Important: in each of these localities, at least 200 respondents must be surveyed. The obtained data must convincingly demonstrate that consumers associate the designation with your business.

3. Judicial Challenge
If registration in the name of another person has already taken place, the path of declaring it invalid through the court remains. The basis for the claim is the proven fact of violation of your interests that arose prior to the defendant's priority date.

Practical Recommendation
The greatest chances of a favorable outcome are for those entrepreneurs who have taken care in advance to preserve supporting documents. It is recommended to systematize and store any material evidence of brand use: from primary accounting documents to photo reports of exhibition activities. In a conflict situation, these materials will be your main argument.

Possessing a trademark certificate does not relieve the owner of the obligation to use it in commercial activities. The legislation of Kazakhstan provides for the possibility of early termination of protection for those designations that are not actually used in circulation.

Conditions for Liability
The legal norm states: any trademark may lose protection if the owner has not continuously used it for three years from the date of registration. Any interested person has the right to initiate such a procedure. Most often, these are competitors who need the freed-up designation for their own needs.

Allocation of the Burden of Proof
In the event of a claim being filed with the court, it is the rights holder who is obliged to provide convincing confirmation that the mark was actually used in economic activity. The absence of such evidence entails the termination of legal protection.

What Is Recognized as Proper Use
The law classifies the following forms of commercial activity as use:

• Placing the designation directly on products, label products, or packaging materials;
• Use of the mark in advertising campaigns and the digital environment (corporate websites, social media accounts, window displays);
• Sale of goods, public offer for sale, warehousing for the purpose of subsequent distribution;
• Import into the country or export outside the country of products marked with this designation.
  

Practical Advice for Preserving Rights
To have substantial arguments in the event of a dispute, it is advisable to form a systematized portfolio of evidence. It is recommended to include:

• Periodically updated screenshots of web pages and social media publications with date fixation;
• Contracts with advertising platforms and reporting documents for them;
• Photographic materials reflecting the presence of products in retail outlets (store shelves, displays);
• Shipping documentation and invoices.
  
  

Such a dossier will allow you to promptly confirm the fact of use and neutralize claims from third parties seeking to cancel your mark.

The standard procedure for registering a brand in Kazakhstan takes up to seven months. But life often makes adjustments: a certificate is urgently needed to participate in a tender, launch a franchise network, or bring a new product to market. In such situations, the legislation offers the use of an accelerated examination mechanism.

How the Accelerated Procedure Works
In essence, this is a paid option that significantly reduces the time it takes for an application to pass through all control stages. It is important to understand: no one cancels the substantive examination – experts still thoroughly study the designation for compliance with the law. Only the timelines change, but not the requirements for the protectability of the mark.

Regulated Timeframes
According to current norms, upon submission of a petition for acceleration, the following limits are established:

• Preliminary examination – 10 business days from the date of receipt of the application (instead of the standard month);
• Full examination – 3 months from the date of filing (instead of the usual seven).
  

Thus, the total path from filing documents to receiving a decision can take just over three months.

Financial Aspect
Acceleration is a paid service. As of the beginning of 2026, the tariff for conducting an examination in accelerated mode is 797,500 tenge. This amount covers the examination of an application that includes up to three ICGS classes. If protection is required for four or more classes, a separate fee is charged for each additional section of the classifier.

The amount of the official fee is determined by current legal norms. The amount of 797,500 tenge is prescribed by Order No. 614нк dated December 31, 2025, which establishes prices for services provided by the RSE "National Institute of Intellectual Property." This tariff is imperative and must be paid to the budget when filing the application.

It should also be taken into account that when forming the list of goods and services, the general rule applies: the base tariff includes up to ten items in each class. Everything above this limit is paid additionally – both in the ordinary and accelerated procedures. The cost of one excess item during express examination is higher and amounts to approximately 11 euros per item.

Main Caveat
The accelerated format does not guarantee a positive outcome. If the designation does not meet the criteria of protectability (lacks distinctiveness, contradicts moral norms, or conflicts with earlier rights of third parties), a refusal decision may be issued even faster than usual. Acceleration only affects speed, not the leniency of the experts.

Possession of a trademark certificate gives you a legal monopoly on its use. If third parties ignore this right and use your designation for commercial purposes, the legislation of Kazakhstan provides a whole arsenal of remedies – from peaceful negotiations to bringing the infringer to criminal liability.

Where to Start: Recording the Unlawful Acts
Before contacting any authorities, it is necessary to form an evidentiary base. The following may serve as materials confirming the fact of illegal use:

• Photographs and video recordings of products marked with your mark at points of sale;
• Screenshots of internet pages and social media accounts with mandatory recording of date and time;
• Cash receipts or shipping documents confirming the purchase of counterfeit goods;
• Samples of the infringer's advertising materials where your designation appears.
  

The collected materials will become the basis for all subsequent actions.

Pre-Trial Stage: Attempting to Resolve the Matter Amicably
The first step is to send an official claim to the infringer. The document must contain a demand to immediately cease use of the designation, remove counterfeit products from circulation, and, if necessary, pay compensation. Practice shows that a significant portion of disputes are eliminated at this stage: conscientious entrepreneurs, faced with the threat of litigation costs, prefer to resolve the conflict without state intervention.

Administrative Prosecution
If the infringer ignores the claim, the next tool is to bring them to liability under the Code of Administrative Offenses. Article 145 of the Code of Administrative Offenses of the Republic of Kazakhstan qualifies the illegal use of another's trademark as an offense entailing the imposition of a fine with confiscation of counterfeit products and equipment used for their production. An application can be filed with the authorized state body or directly with the court.

Judicial Protection: Maximum Sanctions
The most serious consequences for the infringer occur when applying to a specialized inter-district economic court. In the statement of claim, the rights holder has the right to demand:

• Immediate suppression of actions encroaching on exclusive rights;
• Compensation for losses incurred (although proving their exact amount is often difficult);
• Payment of compensation on an alternative basis – the amount may range from 300 to 50,000 monthly calculation indices at the plaintiff's choice. This option is preferable because it does not require substantiation of the amount of losses;
• Removal from circulation and destruction of all counterfeit products, as well as equipment, raw materials, and materials intended for their production.
  

Customs Register: A Barrier at the Border
An effective preventive mechanism is the inclusion of a trademark in the Customs Register of Intellectual Property Objects. After the mark is entered into this list, customs authorities are authorized to suspend the release of goods containing signs of counterfeiting when crossing the border. This allows intercepting the import of fakes before they reach the domestic market.

Important Innovation of 2026
Recently, legislation has strengthened the position of rights holders in court disputes. Now, when filing a lawsuit in court, it has become possible to initiate the suspension of examination of applications filed by third parties for similar designations. This eliminates the situation where, while the proceedings are ongoing, an unscrupulous competitor manages to register your brand for themselves or obtain protection for a designation that violates your rights.

Thus, the system for protecting exclusive rights in Kazakhstan provides the rights holder with a multi-stage arsenal: from prompt blocking of counterfeits at the border to recovery of significant compensation through the court. The key condition for success is the timely formation of an evidentiary base and the competent use of all available procedural tools.

For Kazakhstani businesses planning expansion into foreign markets, the issue of intellectual property protection comes to the forefront. The Madrid System, operating under the auspices of WIPO, offers an elegant solution: the ability to extend legal protection of a trademark to multiple countries with minimal effort. The Republic of Kazakhstan, being a full member of this system, acts both as an "entry point" for local applicants and as a "receiving party" for foreign companies wishing to protect their brands on our territory.

How the International Registration Mechanism Works
The basic principle of the system can be described as "delegation of authority." An entrepreneur who has already undergone the national registration procedure in Kazakhstan or has at least filed a corresponding application with the NIIP receives the right to apply directly to the International Bureau of WIPO. Instead of studying the patent laws of dozens of countries, they fill out a single application in one of the system's official languages – English, French, or Spanish. In this application, the applicant independently determines the geography of future protection, marking the countries where their brand should receive protection.

WIPO then acts as an administrative hub: after formal examination and publication of the information in a specialized bulletin, notifications are sent to the national patent offices of all selected countries. Each of them conducts its own examination in accordance with local legislation.

Kazakhstan's Role in the Global Brand Route
For a Kazakhstani applicant, the national office serves as the starting point – it is here that the "basic" registration arises, on which the international application rests. But Kazakhstan also plays a reciprocal role. When a foreign company files an international application and designates our country, the package of documents is sent to the National Institute of Intellectual Property. NIIP experts are given 12 months to conduct a full-scale examination. During this period, they evaluate the designation for compliance with the requirements of Kazakhstani legislation: checking distinctiveness, the absence of descriptive elements, and, most importantly, conflicts with already protected national marks. If experts have questions or objections, the law allows extending the review period by another six months.

The Undeniable Advantages of the Global Approach
Why are entrepreneurs increasingly choosing this path? The answer lies in the colossal saving of resources. Imagine the alternative: filing separate applications in each country, translating documentation, paying fees in different currencies, interacting with local patent attorneys. The Madrid System turns this multi-layered process into a single window.

Moreover, it offers a convenient infrastructure for further brand management. Change of owner, correction of the company name, or renewal of the term (the standard cycle is 10 years with the possibility of indefinite renewal) – all these operations are carried out centrally through the WIPO secretariat. If the business eventually enters new markets, there is no need to start the procedure from scratch – just file an application for territorial expansion, adding the desired countries to the existing registration.

The Other Side of the Coin: Five-Year Dependency
However, this convenient tool has an embedded risk mechanism, which lawyers call the principle of dependency. During the first five years of life, the international registration is inseparably linked to its "foundation" – the basic application or certificate obtained in Kazakhstan (the country of origin). If for any reason the national mark "collapses" (is challenged, cancelled, or the registration is refused), the international protection automatically ceases in all designated countries. In professional circles, this scenario is known as a "central attack" – where a competitor strikes at the foundation to bring down the entire building.

Nature has provided a safety rope. The rights holder has a three-month grace period to convert the lapsed international registration into a package of national applications in each of the previously selected countries. Key nuance: with such a transformation, the original priority date is preserved, which is often a decisive factor in disputes with competitors. But the price is high: the procedure is initiated separately in each jurisdiction, requiring the hiring of local specialists and the payment of national fees. Simply put, the rescue operation negates the very benefits for which the international registration was undertaken.

Summary
The Madrid System is an express elevator to the international market for those who understand its design. It is ideal for strategic planning and saves enormous resources. But you need to board this elevator with a clear understanding: during the first five years of the journey, your safety depends on the strength of the foundation left at home.

In the field of trademarks in Kazakhstan, the concept of a "gentlemen's agreement" has no legal force. However, the legislation does offer a civilized mechanism for resolving conflicts between owners of similar designations. It is called a consent letter.

This is not just an "agreement," but an official document that can become the key to the registration of your mark, even if the examination has found obstacles.

How Does the Mechanism Work?
The process is triggered when NIIP experts (National Institute of Intellectual Property) discover that your designation is confusingly similar to an already registered trademark of another party. In the terminology of the law, this is called an obstacle on relative grounds. Having received such a refusal, you are not obliged to back down. Instead, you can contact the owner of the earlier mark and propose to them a "peaceful coexistence" in the market, requesting written consent to register your brand.

Requirements for the Consent Letter (To Be Accepted)
For the document to be accepted by the examination, it must meet clear criteria. According to practice and legislative norms in effect since 2018, the consent letter must:

1. Be executed officially: Drawn up on the official letterhead of the rights holder company.
2. Be certified with signatures and seal: The presence of the signature of an authorized person and, if available, the organization's seal is mandatory.
3. Be legally clean: Contain an unambiguous expression of the will of the owner of the earlier mark to register your specific designation. It is advisable to clearly indicate the ICGS classes for which consent is given, to avoid ambiguity.
4. Be documented: It is recommended to attach documents confirming the authority of the person who signed the consent (power of attorney, order appointing the head) to the letter. For foreign companies, notarization or an apostille will most likely be required.
   

Does the Examination Always Accept Such Letters? (Important Nuance)
The presence of a consent letter is a weighty, but not absolute, argument. NIIP experts are obliged to conduct their own assessment. They will analyze whether the registration of two similar marks will mislead consumers, even if their owners have "agreed."

Why might they refuse, even if there is a letter:

• Identity of marks and goods: If your designations are almost mirror images and the goods completely coincide, experts will consider that confusion in the market is inevitable and will refuse registration, ignoring the consent.
• Risk to consumers: The main task of the examination is to protect consumer interests. If an "arrangement" between two companies could mislead buyers as to the manufacturer, it will not be approved.
  

Risks and Recommendations: How to Cover Yourself
Simply obtaining a consent letter and forgetting about it is shortsighted. This approach has its own "pitfalls":

1. Fragility of arrangements: The owner of the earlier mark is a living person or company with their own interests. They may change their mind, sell their mark to another person who will not agree to your existence, or revoke their consent at any time.
2. Corporate changes: Reorganization, change of management – all this can jeopardize verbal or even written but "weak" arrangements.
   

Professional advice (how to protect yourself):
Instead of a simple consent letter, lawyers strongly recommend concluding a full-fledged bilateral agreement on the delimitation of rights or on the non-conflicting use of similar designations. In such a contract, you can specify spheres of influence, territories, product niches for each mark, and, most importantly, the liability of the parties and the procedure for action in the event of a dispute. This turns a "gentlemen's" agreement into a reliable legal shield.

Where Does This Work Most Often?
The mechanism is especially popular in the field of franchising, when the parent company agrees to the registration of a similar mark by its partner, or when two companies operate in different, non-overlapping market segments (for example, "Asia" – a hotel and "Asia" – a grocery store), but have similar names and are ready for peaceful coexistence.

From February 10, 2026, updated Rules for the Recognition of Trademarks as Well-Known came into effect in Kazakhstan. This is not just another bureaucratic procedure, but an opportunity to turn your brand into an untouchable legend. If you are confident that your brand is known throughout the country, read on to learn how to legally secure this status.

Why Is This More Beneficial Than Ordinary Registration?
A well-known trademark is the "black belt" in the world of intellectual property. It provides three key advantages:

1. Eternal protection. Forget about renewal every 10 years. The status of a well-known mark is valid indefinitely.
2. Protection on steroids. An ordinary mark protects you only within your niche. A well-known mark allows you to block the use of a similar brand even in other business areas if it harms your reputation (for example, you produce premium equipment, and someone opens a snack bar under your brand).
3. Protection without a certificate. The mark does not necessarily have to be officially registered. The main thing is to prove that it is already "on everyone's lips" among consumers.
   

Step-by-Step Instructions: How to Become "Well-Known"
Step 1. Who can apply?
Any entrepreneur (individual or company) who believes that their brand has become a household name in Kazakhstan.

Step 2. Gather a "superhero dossier"
Simple desire is not enough. You need to confirm popular recognition with documents. You will need:

• Commercial traces: Contracts, invoices, waybills – everything that proves the scale of use.
• Media presence: Screenshots of media publications, social media posts, advertising layouts, photos from exhibitions, and awards.
• Digital footprint: Website traffic statistics, search query data (Yandex.Wordstat, Google Trends).
• Financial indicators: Reports confirming marketing investments and profits from the brand.
  
  

Step 3. Public opinion survey (Critical stage)
You must commission a study from an independent company. This is not just a "30 neighbors" survey. The requirements are strict:

• Geography: Astana, Almaty, Shymkent + at least 5 regional centers.
• Sample: At least 200 respondents in each of these cities. The total number is around 2,000 people.
• Purpose: The survey must statistically confirm that consumers unambiguously identify your brand with a specific product or service.
  
  

Step 4. Filing and publication
The application is submitted to the Ministry of Justice of the Republic of Kazakhstan (online or on paper). Within 5 business days, it will be reviewed and published in the official bulletin.

Step 5. Quiet period (3 months)
Your competitors have 3 months from the date of publication to file objections. If they believe you are not that famous, now is the time for them to prove it.

Step 6. Commission verdict (2 months)
A special commission studies all materials (your dossier + objections) and issues a final decision.

When Can They Refuse?

• You were unable to confirm recognition with numbers.
• A similar brand already exists on the market, registered earlier than yours.
• Your designation is too simple and does not itself possess distinctiveness (for example, a commonly used term).