Received a refusal from KAZPATENT? Don’t panic. It’s not the end of the road.
Some applications are corrected and registered after a refusal, and some refusals are successfully challenged. A refusal is not a verdict — it’s an invitation to a dialogue with the examiner. But the deadlines are short, and you need to act precisely.
Below is a step-by-step guide: why trademarks get refused, what to do at each stage, and when you really need a lawyer.
- 3 months — deadline to respond to KAZPATENT after a provisional refusal
- up to 6 months — maximum deadline with an extension
- 3 months — deadline to file an objection with the Appeals Board after a final refusal
- 4 months — time the Appeals Board takes to review an objection
The 30-second summary
There are two types of refusal in Kazakhstan. A provisional refusal is challenged with a reasoned response to KAZPATENT within 3 months; the deadline can be extended, but to no more than 6 months. A final refusal is challenged before the Appeals Board of the Ministry of Justice within 3 months, and then in court. If all deadlines are missed, the only option left is a new application with a new priority date.
This article reflects the position and experience of KORGAN and is not legal advice on your specific case.
Two types of refusal: what’s the difference
This is the first thing to understand: Kazakhstan has two types of refusal, and each calls for different action. Applications are examined by KAZPATENT — the National Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan. The registration and appeal procedure is set out in the Law of the Republic of Kazakhstan “On Trademarks, Service Marks, Geographical Indications and Appellations of Origin”.
A provisional refusal is the examiner’s notice that they have found obstacles to registration. It is not a final decision but a signal: “We have questions — explain your position.” The applicant can respond, present arguments and submit supporting materials. The examiner may change the decision in the applicant’s favour.
A final refusal is issued after the response to the provisional refusal has been reviewed, or if no response was filed. It is KAZPATENT’s official decision and can no longer be challenged within the agency — the next instance is the Appeals Board of the Ministry of Justice.
If you don’t respond to a provisional refusal in time and don’t request an extension, it becomes final without further notice. This is exactly how many applicants lose the chance to argue with the examiner.
Three main reasons for refusal
Reason 1: confusing similarity
The most common one. Your mark is not identical to someone else’s, but it is so similar that consumers may confuse them. Similarity is assessed on three criteria: phonetic (how it sounds), visual (how it looks) and semantic (what it means).
From KORGAN’s practice: a manufacturer registered a trademark for its products, and a competitor started using a similar designation. A comparative analysis confirmed confusing similarity on all three criteria, the court held the competitor liable under Article 158 of the Code of Administrative Offences of Kazakhstan, and a pre-trial claim for compensation was sent to the competitor.
It works both ways: whoever registers first is protected. That is why it pays to check your mark for conflicts before filing.
Reason 2: descriptiveness
The name directly describes the product or its properties. “Tasty” for food, “Fast” for a courier service, “Natural” for cosmetics cannot be registered. A trademark must be distinctive: consumers should see it as a pointer to a specific producer, not as a description of the product.
Reason 3: absolute grounds
The designation contains elements that cannot be registered under any circumstances: state symbols, official names of organisations, generic symbols and terms, or elements that mislead consumers about the product or its producer.
Step-by-step: what to do after a refusal
Step 1. You received a provisional refusal — read it carefully
The examiner’s notice lists the specific grounds for refusal with references to the law. Your response must address exactly these arguments.
Record the date of receipt: the three-month response period starts from it.
Step 2. Prepare a reasoned response
The response is filed with KAZPATENT within 3 months from the date the provisional refusal was received. The deadline can be extended, but to no more than 6 months: the extension request must be filed before the three-month period expires.
A strong response includes:
- counter-arguments to each ground for refusal;
- evidence of the mark’s distinctiveness, if it was refused as descriptive;
- evidence that there is no confusing similarity, if it was refused over a conflicting mark;
- evidence of use: how long, on what scale, how recognisable the designation is;
- consumer survey results — in complex cases.
Step 3. You received a final refusal — the Appeals Board
If KAZPATENT issues a final refusal after reviewing your response, the next instance is the Appeals Board of the Ministry of Justice of the Republic of Kazakhstan.
The objection must be filed within 3 months from the date the final refusal was received. The Appeals Board reviews it within 4 months from the date of filing.
Step 4. The Appeals Board upheld the refusal — court
If the Appeals Board upholds the refusal, its decision can be challenged in court. This is a full-scale proceeding with evidence, expert examinations and a well-argued position.
Appeal deadlines at a glance
| Stage | Deadline | Where to file |
|---|---|---|
| Response to a provisional refusal | 3 months, extendable to 6 | KAZPATENT |
| Objection to a final refusal | 3 months | Appeals Board, Ministry of Justice |
| Review of the objection | 4 months | Appeals Board, Ministry of Justice |
| Appeal against the Appeals Board’s decision | as provided by law | Court |
When a new application is the better option
Sometimes fighting a refusal is not worth it. It is better to adjust the mark and file a new application if:
- the refusal is based on a strong conflicting mark with broad protection in the classes you need;
- the designation really is descriptive, and proving distinctiveness would be difficult;
- the time and budget for an appeal exceed the cost of adjusting the brand.
This is the honest assessment we give our clients: sometimes a new application is faster and cheaper than a months-long dispute with a strong opponent.
What if you missed the deadline
If you missed the deadline to respond to a provisional refusal, it becomes final, and the Appeals Board is the remaining option. If you also missed the deadline for the Appeals Board, you will have to file a new application with a modified designation or a different list of goods and services.
A new application also means a new priority date. Anything competitors managed to register in the meantime creates new conflicts. That is why deadlines need to be tracked from day one.
Contact KORGAN
KORGAN is a law firm operating since 2014. We analyse the grounds for refusal, prepare reasoned responses and defend our clients’ position at every stage — from the examiner to the Appeals Board and the court. Learn more about our trademark registration services.
The first consultation is free.
Phone and WhatsApp: +7 700 500 05 53
Or message us on WhatsApp — all contacts are on our contacts page.
Frequently asked questions
Is a provisional refusal the end?
No. It is an invitation to a dialogue. You have 3 months, extendable to 6, to file a reasoned response. The examiner may change the decision in your favour.
What happens if I don’t respond to a provisional refusal?
It becomes final without further notice. You lose the chance to convince the examiner, and the only option left is an objection to the Appeals Board.
Can the response deadline be extended?
Yes. The three-month deadline to respond to a provisional refusal can be extended, but to no more than 6 months. The extension request must be filed before the first 3 months expire.
Is the Appeals Board part of KAZPATENT?
No. The Appeals Board operates under the Ministry of Justice of the Republic of Kazakhstan and reviews objections to final decisions of the examining organisation.
Should I fight the refusal or rebrand?
It depends. If the refusal is based on a strong conflicting mark with broad protection, adjusting the designation is sometimes easier. If the refusal is formal or debatable, it is worth fighting. We give an honest assessment of your chances at the first consultation.
Are examination fees refunded after a refusal?
No, examination fees are not refunded after a refusal. That is why checking the designation before filing is an essential first step.