Naphtyzinum: ‘Soviet' Trademark Or Public Interest?

In Kazakhstan's judicial practice there are growing disputes related to the early termination of legal protection for trademarks that have come into common use for the designation of goods of a certain type by virtue of Article 6.1.1 of the Law of the Republic of Kazakhstan 'On Trademarks, Service Marks and Appellations of Origin of Goods' No. 456-I, dated 26 June 1999 (hereinafter - the 'Trademark Law'). This trend is most likely due to the fact that in Kazakhstan, like in neighbouring states, there is a 'battle' for Soviet (retrospective) trademarks between the copyright holders, who registered the trademark rights, and actual users, who did not manage to do this after Kazakhstan gained independence.