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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 29, 2018 No. 1345

About approval of Rules of registration in the State register of trademarks of transfer of exclusive right, provision of the right to use the trademark

According to the subitem 2) Item 2 of article 3 of the Law of the Republic of Kazakhstan of July 26, 1999 "About trademarks, service marks and names of places of goods origin" PRIKAZYVAYU:

1. Approve the enclosed Rules of registration in the State register of trademarks of transfer of exclusive right, provision of the right to use the trademark.

2. To provide to department on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan after its official publication.

3. To impose control of execution of this order on the supervising Vice-Minister of Justice of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Minister

M. Beketayev

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of August 29, 2018 No. 1345

Rules of registration in the State register of trademarks of transfer of exclusive right, provision of the right to use the trademark

Chapter 1. General provisions

1. These rules of registration in the State register of trademarks of transfer of exclusive right, provision of the right to use the trademark (service mark) (further - Rules), are developed according to the subitem 2) of Item 2 of article 3 of the Law of the Republic of Kazakhstan of July 26, 1999 "About trademarks, service marks and names of places of goods origin" (further - the Law) and determine order of registration in the State register of trademarks of transfer of exclusive right, provision of the right to use the trademark (service mark).

2. In these rules the following basic concepts are used:

1) exclusive right - property right of the owner on use of the trademark or name of the place of goods origin in any manner at discretion;

2) the bulletin - the official periodical concerning protection of trademarks;

3) the applicant - the physical person or legal entity which submitted the application;

4) patent agents are citizens of the Republic of Kazakhstan who according to the legislation of the Republic of Kazakhstan are granted the right to representative office of physical persons and legal entities before authorized body and the expert organization;

5) the expert organization - the organization created according to article 3-1 of the Law according to the decision of the Government of the Republic of Kazakhstan in form of business of the republican state company on the right of economic maintaining subordinated in the activities to authorized body;

6) Singapore agreement - The Singapore agreement on the laws according to trademarks of March 27, 2006;

7) the owner of the trademark - the physical person or legal entity having exclusive right on the trademark;

8) the trademark, service mark (further - the trademark) - the designation registered according to the Law or protected without registration owing to international treaties in which the Republic of Kazakhstan participates, serving for difference of goods (services) of one legal entities or physical person from uniform goods (services) of other legal entities or physical persons.

Chapter 2. Order of registration of transfer of exclusive right, provision of the right to use trademark

3. For registration of transfer of exclusive right for the trademark by the applicant to the expert organization the application for registration of transfer of exclusive right under the contract of assignment in form according to appendix 1 or about registration of transfer of exclusive right under the agreement of partial concession in form according to appendix 2 to these rules is submitted.

4. Are enclosed to the application:

1) the copy of the power of attorney, in case of filing of application through the representative;

2) the document confirming fee of the expert organization for registration of transfer of exclusive right for the trademark;

3) contract on transfer of exclusive right for the trademark or notarized copy of the agreement.

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