Kazakhstan vs foreign brands: what lawsuits were recorded in the country
Recently, the Ministry of Justice of Kazakhstan commented on the lawsuit with the Swiss watch manufacturer. Rolex SA filed an objection to cancel trademark “Cosmo”, explaining that domestic consumers may confuse this trademark with “Cosmograph”, a well-known trademark of Rolex SA. The claim was filed in the specialized interdistrict court of Astana. Kazinform News Agency correspondent tells other legal disputes with foreign brands in Kazakhstan.
Currently, the Ministry of Justice of the Republic of Kazakhstan acts as a defendant in 5 court cases related to the appeal of an administrative act by foreign persons.
Appealing an administrative act related to intellectual property issues is common practice throughout the world. Companies sue over alleged infringement of patents, copyrights, trademarks, or other forms of intellectual property.
As an example, in 2022 in the lawsuit of the company “Danone Russia JSC” against the Ministry of Justice for the cancellation of a trademark owned by a domestic dairy product manufacturer, copyright issues were disputed, in particular the use of the image of the cartoon character “Cat Matroskin”.
Below are foreign companies in 2024 with objections to companies' trademarks in Kazakhstan.
Berlin-Chemie AG (Germany)
“Berlin-Chemie AG” is a German pharmaceutical company. It is part of the Italian pharmaceutical company “Menarini”. The company is primarily involved in the production of drugs for the treatment of chronic diseases. The company objects to the trademark of the drug “Esmizan-ODS”.
Belal Mohammad Al – Hamwi (Syria)
“Belal Mohammad Al – Hamwi” is a company specializing in the production and sale of coffee and tea. The company has an objection to the trademark of the Kazakhstani company “Coffee City”.
Volma (Russia)
“VOLMA” is a group of companies specializing in the production of finishing materials, mainly from gypsum: dry building mixtures, plasterboard sheets, tongue-and-groove slabs. Has an objection to the Kazakhstani brand of the trademark “Sloi”.
Selena Marketing International Sp. z.o.o (Poland)
“Selena Marketing International Sp. z.o.o” is an enterprise located in Poland, with the main office in Wroclaw. The company operates in the Rental and Leasing Services industry. The company has an objection to the trademark of the Polish company “Bosman Professional Series for Everybody”.
In 2021, the number of court cases on intellectual property issues, where the Ministry acted as a defendant with the participation of foreign persons in the status of plaintiff, was 2, in 2022 - 3, in 2023 – 8 cases.
These are companies such as “Negargaran Sanat Sakhteman Paradaze Raham” LLP (Iran), “Monster Energy Company” (the USA), “Kvinta Asset” LLC (Russia), “Danone Russia” JSC (Russia), “Zhirovoy Kombinat” (Russia), “NSAR GENERAL TRADING” (the UAE), “Napitki iz Chernogolovki-Aqualife” LLC (Russia).
These foreign companies objected to the trademarks of companies, except for “Zhirovoy Kombinat” company, which objected to the refusal to register the “Moscow Provencal” trademark.
