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 the Examination of Applications for Breeding Achievements, Industrial Property Objects, Trademarks, Service Marks, Geographical Indications, Appellations of Origin of Goods, and the Registration of Topographies of Integrated Circuits" (hereinafter referred to as the Rules).
The main addition to the Rules is the provision allowing applicants to reduce the review period for a trademark application from seven to three months under the accelerated examination procedure.
In the context of dynamically developing market relations and the development of electronic trading platforms, the practice of accelerated trademark examination is widely used in developed and developing countries such as Singapore, the USA, Japan, China, the UK, India, and Georgia.
In our country, this innovation was introduced at the initiative of business community representatives and patent attorneys.
Accelerated examination can be advisable in the following cases:
- if the applicant is already conducting business, but their trademark is not registered;
- if there are plans to sell products through electronic trading platforms (marketplaces);
- if the applicant is planning to start their own business.
Accelerated registration will help to enter the market quickly and without unnecessary risks.
It is important to note that conventional applications are not considered during the examination. In case an application with a conventional, exhibition, and/or other priority is identified, the trademark may be canceled. The paid amount will not be refunded.
Information on the cost of accelerated examination can be found on the official website of RSE "NIIP" in the section "About Qazpatent" - "Tariffs".
A petition for accelerated examination of an application is submitted by the applicant when submitting the application. Along with the petition, a document confirming the established payment for the accelerated review must be provided.
If the document confirming the payment is not provided, the petition is considered not submitted. In this case, the applicant will receive the relevant notification within five working days from the date of application submission.
Given the cost of conducting an accelerated examination, it is recommended to carefully approach the submission of the petition 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 ordering a preliminary search and evaluating the designation based on the grounds for refusal provided for in Articles 6 and 7 of the Law.
Originally published by 26 June, 2024
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.