Kazakhstan is a “first to file” jurisdiction, which means that registration is mandatory to obtain and enforce rights over a trademark. Only in some exceptional cases can unregistered marks be protected, so filing an application is the standard way to secure ownership and prevent others from claiming similar signs.
Trademark applications must be filed with the National Institute of Intellectual Property of Kazakhstan KAZPATENT.
Kazakhstan is also a member state of the Madrid Protocol, which allows for the extension of an international trademark registration to Kazakhstan through the Madrid System. There are dedicated services available for filing trademarks through Madrid for this country.
It is not necessary for the trademark to be in use in Kazakhstan in order to be registered. However, prior use may help overcome objections based on lack of distinctiveness, by supporting the claim that the mark has acquired distinctiveness through use.
If you register a combined trademark (with both word and figurative elements) in Kazakhstan, your exclusive rights are limited to using the mark in the exact configuration in which it was filed and registered. If you wish to use the word element separately from the logo (or the logo on its own), it is advisable to file a separate application for those elements alone.
If you want the figurative or design elements of your trademark to be taken into account in a Trademark Search Report for Kazakhstan, you must contact the service provider directly to confirm whether this is available for this jurisdiction, as fees and timeframes may differ.