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:
- Four (4) originals of the License Agreement;
- Power of Attorney from both Licensor and Licensee duly signed and sealed with a company stamp.
- Payment of relevant official fees.
The following information should be mentioned in a trademark license agreement:
- Identification of the trademark or trademarks that are the subject of the agreement,
- The name of the licensor and licensee,
- The specific trademark right or scope of rights to be licensed, including the geographic territory in which the marks are being licensed,
- The nature of licensing rights (exclusive or non-exclusive rights) is obligatory to nominate;
- 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;
- Royalty – it is obligatory that the royalty amount is stated explicitly in the license. You should identify a flat fee to be paid.
- 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.