Legal regulation of the issues of trademark use in the Republic of Kazakhstan

Abstract

The article discusses various methods of using trademarks as provided by different regulatory legal acts and explains the significance of each method of use. Based on an analysis of the legal frameworks of foreign countries, trademark usage methods not covered by the legislation of the Republic of Kazakhstan are revealed. The ways trademarks are used are examined from the perspective of different legal entities playing various procedural roles in these legal relationships, and significant contradictions in the relevant legal acts are identified. Furthermore, the relationship between the concepts of trademark use and its introduction into commercial circulation is defined. The need for harmonization of national and regional legislation regarding trademark use, as well as clarification of positions reflected in codes and laws, is substantiated. It is established that not all forms of trademark use constitute a violation of exclusive rights. Finally, potential ways of using trademarks are presented, along with proposals for amending the national legislation of the Republic of Kazakhstan to eliminate inconsistencies and simplify its practical legal application. The article extensively discusses issues of law enforcement, including challenges related to proving the use of a trademark. Suggestions are made for improving legislation aimed at strengthening the legal protection of trademarks and enhancing their commercial utilization in Kazakhstan. The research shows that Kazakhstan’s current legislation requires revision to address terminological contradictions and legal gaps. Measures are proposed for unifying the conceptual framework, expanding the list of trademark usage methods, and strengthening their legal protection. The results of this study can be used to improve the regulatory legal framework and judicial practice in the field of intellectual property.