Kazakhstan Adopts New Rules for Recognition of Well-Known Trade Marks

The Rules apply to both registered trade marks and unregistered designations that have acquired widespread recognition in Kazakhstan. Applications must be filed with the Ministry of Justice for a single mark, specifying, among other things, the claimed date from which the mark became well-known and the relevant goods or services.

A key development is the formalisation and expansion of evidentiary requirements. Applicants must now provide comprehensive documentation proving the mark’s recognition among consumers. In addition to traditional commercial and financial documents (such as contracts, invoices, and sales data), the Rules expressly recognise a wider range of supporting evidence. Such evidence includes advertising and marketing materials together with records of advertising expenditures, media publications, and analytical reports.

The Rules now explicitly allow the use of digital and market-based indicators, such as website traffic and social media engagement statistics, search engine query data (including Google Trends and Yandex Wordstat), and sales and popularity data from online marketplaces. While consumer recognition surveys remain a central element of proof, further supporting materials may include information on industry awards and rankings, certificates of participation in exhibitions and competitions, letters from business partners and distributors, and expert opinions.

Under the Rules, applications must be published and are subject to a three-month opposition period during which third parties may file objections, in which case a designated commission reviews the matter and issues a decision on recognition or refusal. The Rules also clarify and expand the grounds for refusal, denying recognition if the designation lacks distinctiveness or is false, misleading, or likely to deceive consumers. This aligns the recognition process with fundamental principles of trade mark protection under Kazakh law.

Amendments to the opposition procedure under the Trade Mark Law introduce an important clarification. Starting February 2026, once an opposition against a published trade mark application has been considered and a decision issued, the applicant who filed the objection must be notified by the expert organisation within five working days. Previously, objections were not formally acknowledged, and the status of challenged trade mark applications had to be monitored independently.

The new framework raises the evidentiary threshold and improves procedural transparency. Brand owners should be prepared to submit robust, multi-source evidence and to navigate the enhanced opposition and notification mechanisms.