Trademarks Licensing in Kazakhstan

Recordal of the Trademark License Agreement with PTO is mandatory.

The following information and documents are required for Trademark Recordal of License:

1. Four (4) originals of the License Agreement;
2. Power of Attorney from both Licensor and Licensee duly signed and sealed with a company stamp.
3. Payment of relevant official fees.

The following information should be mentioned in a trademark license agreement:

1. Identification of the trademark or trademarks that are the subject of the agreement,
2. The name of the licensor and licensee,
3. The specific trademark right or scope of rights to be licensed, including the geographic territory in which the marks are being licensed,
4. The nature of licensing rights (exclusive or non-exclusive rights) is obligatory to nominate;
5. Provision on quality of the goods and/or services with which the licensee may use the trademark, also known as a “quality control provision,” is not obligatory;
6. Royalty – it is obligatory that the royalty amount is stated explicitly in the license. You should identify a flat fee to be paid.
7. In the case, emergence of the ownership on an intellectual property object must be registered as a subject of the license, documents confirming the registration of rights should be enclosed to the license contract.

The regular timeframe of recordal of license is 2-3 months, in case additional documents will not be requested by the Office.