Kazakhstan Revamps Rules for Recognizing Well-Known Trademarks

On 10 February 2026, updated Rules for the recognition of a trademark as a well-known trademark came into force in Kazakhstan. The Rules were adopted by Order No. 97 of the Minister of Justice of the Republic of Kazakhstan dated 28 January 2026. The document significantly expands the list of evidence an applicant must submit and introduces a new ground for refusal.

Required Evidence

The new Rules provide a detailed list of materials that must be submitted to demonstrate widespread recognition of a designation, including:

• documents confirming the scale and duration of use — supply and distribution agreements, invoices, waybills, catalogues, and original packaging samples;
• advertising and marketing materials, together with financial records confirming promotional expenditure;
• publications in mass media and online sources;
• analytical reports from research organisations;
• financial and accounting records reflecting production volumes and turnover of goods (services) under the applied-for designation;
• website traffic statistics and social-media page data; search-query data (Google Trends, Yandex Wordstat);
• information on awards, prizes and industry rankings; certificates of participation in exhibitions and competitions;
• letters and confirmations from business partners and retail chains;
• marketplace data on sales and popularity of the goods (services);
• expert opinions from industry specialists;
• results of sociological and/or marketing consumer-awareness surveys.

Tightened Survey Requirements

The Rules introduce more stringent requirements for consumer surveys. The minimum sample per city increases from 100 to 200 respondents, with a total of at least 1,600 respondents across the mandatory 8 cities — the capital, cities of national significance, and at least 5 regional centres.

New Ground for Refusal

The Rules now expressly provide that recognition will be refused if the trademark or designation lacks distinctiveness, is deceptive, or is false — a ground that was not previously codified.

Key Takeaways

Businesses considering filing for well-known trademark status in Kazakhstan should prepare a comprehensive evidence package well in advance and commission a consumer survey that meets the new quantitative thresholds. It is also advisable to assess the mark's distinctiveness before filing, given the newly added refusal ground.

Source: adilet.zan.kz