Trademark Registration

TRADEMARK REGISTRATION

Dear Sirs,

You are kindly invited to consider a business proposal from the Intellectual Property Department of GRATA Law Firm on Trademark registration.

It is obvious that trademarks are used for the purpose of distinguishing goods and services of one legal entity from the goods and services of another legal entity. In other words each trademark must be original, and unlike other trademarks.

Wherefor the trademark registration is required, but what are the risks for an entrepreneur in the case of non-registration of a trademark? Let’s take an example: the head of Olymp LLP, the entrepreneur, Mr. Ivanov, opens a factory for the production of dairies and gives an original name to each product.  Since the products of Olymp LLP have become popular in Kazakhstan’s market, Mr. Ivanov decides to extend his business by starting to offer the products outside the country, to begin with some CIS countries and then further-abroad countries. 

Let’s consider the given example in two cases:

1.  Mr. Ivanov failed to register the names of all the dairy products as trademarks.
Consequences: Mr. Ivanov may meet the following difficulties:
•   Emergence of competitors that produce similar products under similar or analogous names;
•   Emergence of counterfeit products;
•   Registration of products’ names as trademarks in the name of another entrepreneur/legal entity;

Each of the given cases will certainly affect the good name of Olymp LLP and the last case may even lead to the prohibition by the trademark holder of Olymp LLP being able to continue production of its products. Perhaps the most frustrating element of this is that it will be difficult for Olymp LLP and in some cases even impossible to prove their case against unfair competitors.

2.   Despite the fact that the requirement for trademark registration is not obligatory for goods production, Mr. Ivanov has registered the trademarks not only in Kazakhstan but also in the other countries, where he plans to expand his business.  
Consequences: Mr. Ivanov, having spent some money for trademark registration continues to conduct his business not only in Kazakhstan but also in the other countries. Actually in case of emergence of unfair competitors or counterfeit products he has a legal basis for his fight therewith, which includes both administrative and criminal consequences.

Therefore we offer you to see about protection of your trademark as soon as possible. Please be informed that our firm will be happy to help you in this registration. Owing to a wide partner network, we have an opportunity to carry out registration of a trade mark not only in Kazakhstan, but also worldwide.

We do hope that the present information will be helpful for you. If you have any questions or require additional information please do not hesitate to contact us. We will be glad to offer you our help.