Trademark for Marketplace Sellers in Kazakhstan 2026
26.09.2026
More and more sellers on Kaspi and Wildberries come to us with the same problem: someone has copied their brand name or started selling under it, and there is little they can do because the trademark was never registered. KORGAN Law Firm has been helping businesses register trademarks since 2014.
Trademark filings in Kazakhstan keep growing: 16,874 applications were filed in 2025, 53% more than in 2023 (11,008), according to KAZPATENT statistics. Here is what a trademark gives a marketplace seller and how to protect a product listing.
The 30-second summary
Until a trademark is registered, you hold no exclusive right to the name, and as a rule you have nothing to stop a competitor from using a similar sign. A registered mark gives you an exclusive right to the brand in the chosen Nice classes in Kazakhstan and a basis for complaints on the platform and for a lawsuit. On Kaspi, the trademark owner can restrict the brand so that other sellers cannot add offers to its product cards.
This is general information, not legal advice on your specific case. We checked the legal provisions against the texts of the laws and the platform rules against their help pages; the links are in the article. It is best to show your specific situation to a lawyer.
Key figures
- 16,874 trademark applications were filed in Kazakhstan in 2025 — 53% more than in 2023;
- 10 years is the term of a registration from the filing date, renewable for 10 years each time (Art. 15 of the Trademark Law of the Republic of Kazakhstan);
- 7–9 months is the usual time to registration; the expedited full examination on request takes three months from filing (Art. 11(1));
- 2 days is the time in which Kaspi, according to its help page, decides on a brand restriction request.
How a marketplace works without a trademark
Imagine you have spent a year promoting a product card on Kaspi. You invested in photos, reviews and advertising. The card is at the top, and sales are coming in.
Then a competitor appears. They take your name or a similar one and list the product cheaper. A buyer searching for your brand sees two sellers with similar names and picks the cheaper one.
You file a complaint. But without a trademark certificate you hold no exclusive right to the name and nothing to prove an infringement with. This is exactly what clients come to us with.
What a trademark gives a marketplace seller
An exclusive right to the name and logo. The owner may use and dispose of the mark for the goods and services listed in the certificate, and no one may use it without the owner’s consent (Art. 4(4) of the law). Infringement means putting into circulation, without the owner’s consent, goods bearing the mark or a confusingly similar sign for similar goods (Art. 43(1)).
A basis for a platform complaint. Marketplaces accept complaints from right holders, and the key document is the trademark certificate or an extract from the State Register. How and how fast a complaint is handled is up to the platform’s own rules.
Brand restriction on Kaspi. According to Kaspi’s help page, only the brand owner can restrict a brand: the name and logo must be registered with KAZPATENT, and the product category must be covered by the certificate. The goods must carry your brand and be unique, with no identical offers from other sellers. Once approved, other sellers cannot add their offers to your product cards. An official distributor cannot file such a request — only the trademark owner can.
Protection against counterfeits at customs. A registered mark can be entered in the customs register of intellectual property objects at the right holder’s request (Art. 460–461 of the Code of the Republic of Kazakhstan “On Customs Regulation”). If customs finds signs of infringement when goods bearing the mark are imported, the release of the goods is suspended (Art. 198).
An asset when selling the business. The exclusive right to a mark can be assigned under an assignment agreement — in full or for some of the goods — and a right of use can be granted under a licence agreement (Art. 21). Without registration, there is essentially nothing to hand over to a buyer of the business except the product card itself.
Kaspi, Wildberries, Ozon: how protection differs
Kaspi.kz. There is a brand restriction mechanism for owners of marks registered with KAZPATENT (see above). The request needs the company’s BIN and the certificate number, and the decision arrives as a message in the Kaspi Pay app. To sell goods of brands that are already restricted, a seller needs the platform’s permission: Kaspi asks for documents — a letter from the right holder, a contract with the supplier, invoices and payment records.
Wildberries. The platform handles right holders’ complaints in a separate service; the seller complained about is given time to respond, and without a response the listing may be hidden. The procedure and document requirements are set by the platform itself — check them in your seller account before filing. Keep territory in mind: a Kazakh trademark is protected in Kazakhstan (Art. 4 of the law), and if an infringer sells to Russian buyers from a Russian warehouse, you need trademark protection in Russia.
Ozon. The platform also accepts complaints about trademark infringement; which documents it asks for depends on its rules. Prepare the certificate and evidence of infringement in advance.
Which Nice class to choose as a marketplace seller
A mark is registered for specific goods and services under the International (Nice) Classification of Goods and Services. The owner’s right covers the goods and services listed in the certificate (Art. 4(4)), so the classes and the list define the real scope of protection. On Kaspi this matters twice over: a brand can be restricted only for categories covered by the certificate.
Examples of classes:
| What you sell | Nice class |
|---|---|
| Clothing, footwear, headwear | 25 |
| Cosmetics, perfumery | 3 |
| Food, snacks | 29, 30 |
| Electronics, gadgets | 9 |
| Toys, games | 28 |
| Online store services, retail | 35 |
| Cafés, food services | 43 |
The KAZPATENT fee is calculated by classes and items: under the 2026 price list, the base fee covers up to 10 items in each class, and each additional item costs extra. So draw up the list precisely — only what you actually sell or plan to sell. A detailed calculation is in our article “Trademark Registration Cost in Kazakhstan 2026“. For a fee estimate, contact us.
What to do if your brand is already being infringed
You have found a competitor on a marketplace with a similar name or logo. Here is what to do:
Step 1. Record the infringement. Screenshots of the listing with the date, the description, product photos, a test purchase. If possible, a notarised inspection of the page. This is your evidence.
Step 2. Check your rights and theirs. Make sure your mark is registered for these goods, and check whether the seller has a mark of their own or your consent — search the State Register of Trademarks; how to do it is covered in our article “Trademark Search in Kazakhstan“. Selling genuine goods that the trademark owner, or others with the owner’s consent, lawfully put on the market in an EAEU country is not an infringement (Art. 43-1).
Step 3. File a complaint with the platform. Attach the certificate or a register extract and the evidence. The platform decides on the complaint under its own rules.
Step 4. Send a claim letter to the infringer. The infringer must stop the infringement immediately and compensate the owner for losses (Art. 44(1)). A written claim is often enough to keep the dispute out of court.
Step 5. Go to court. Disputes over the lawful use of a mark are decided by the court (Art. 44(2)). Instead of damages, the owner may claim compensation in an amount set by the court based on the nature of the infringement and the market value of the genuine goods (Art. 44(6)). Counterfeit goods are withdrawn from circulation and destroyed under a court decision (Art. 44(3)).
Unlawful use of someone else’s trademark is also an administrative offence: a fine from 20 MCI for individuals up to 80 MCI for large businesses, with confiscation of the goods (Art. 158 of the Code of Administrative Offences); where there are signs of a crime, criminal liability applies (Art. 222 of the Criminal Code). More in our article on trademark infringement protection.
What this means for you right now
Just entering Kaspi or Wildberries? File the application before you invest in promoting the listing. Trademark priority is set by the filing date (Art. 10(1)): an application filed later will not block yours. But the exclusive right arises only on the date the mark is entered in the register (Art. 4(2)), so you can prohibit others from using the name only after registration — which is all the more reason to file early.
Already selling with a well-known brand? Register the mark as soon as possible. The more popular the brand, the higher the risk that outsiders try to register it first.
Received a complaint about infringing someone else’s mark? Take it seriously: if another seller holds a certificate for a similar mark for similar goods, your listing may be blocked. Check their rights and your position right away.
Importing goods under someone else’s brand? If these are genuine goods lawfully put on the EAEU market by the trademark owner or with their consent, there is no infringement (Art. 43-1). Otherwise, you need the right holder’s permission. For restricted brands, Kaspi asks for documents proving the supply is legitimate in any case.
Contact KORGAN
KORGAN Law Firm has been working since 2014. For marketplace sellers, our lawyers will:
- choose the Nice classes for your product range and search the sign before filing;
- file the application and handle trademark registration through to the certificate;
- help with a platform complaint, a claim letter to the infringer and a lawsuit.
A trademark search costs 20,000 KZT, and handling the registration costs 200,000 KZT (excluding KAZPATENT fees; details on our trademark registration page).
The first consultation is free.
Phone: +7 700 500 05 53
Or message us on WhatsApp. Other contacts are on our contacts page.
We checked the provisions against the Law of the Republic of Kazakhstan “On Trademarks, Service Marks, Geographical Indications and Appellations of Origin”, the Code “On Customs Regulation” and the Code of Administrative Offences. An overview of all types of intellectual property is in our guide to IP in Kazakhstan.
Frequently asked questions
Can I sell on Kaspi without a trademark?
Yes, you can sell. But without a registered mark you hold no exclusive right to the name, and as a rule you have nothing to stop a competitor from using a similar sign. You also cannot restrict your brand on Kaspi without a KAZPATENT certificate.
What is brand restriction on Kaspi?
It lets the owner of a registered trademark close their product cards to offers from other sellers. Only the trademark owner can apply, the product category must be covered by the certificate, and the goods must be unique; Kaspi decides in about 2 days.
Does a Kazakh trademark protect me on Wildberries in Russia?
No. Registration with KAZPATENT gives protection in Kazakhstan. To protect the brand against sales to Russian buyers from Russian warehouses, you need trademark protection in Russia.
How many Nice classes should I include?
As many as your goods and services actually cover: a mark protects only what is listed in the certificate. Under the 2026 KAZPATENT price list, the base fee covers up to 10 items in each class, and each additional item costs extra.
What if a competitor has already registered my name?
Assess when and in which classes they registered the mark and whether they use it. A registration can be challenged in court if the mark has not been used for three years before the claim is filed (Art. 19(4) of the law), or by an objection to the Appeals Board on the grounds in Art. 23 — for example, if the mark is similar to your company name, to which your right arose earlier.
How quickly can I get a certificate?
Registration usually takes 7–9 months. On request, the full examination is expedited to three months from filing, but it costs more. Priority runs from the filing date, while the exclusive right arises from the registration date.