ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 28, 2018 No. 1318

About approval of the Regulations on the commission on recognition of the trademark well-known in the Republic of Kazakhstan

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

1. Approve the enclosed Regulations on the commission on recognition of the trademark well-known in the Republic of Kazakhstan.

2. To provide to department on intellectual property rights in the procedure established by the legislation:

1) state registration of this order;

2) within ten calendar days from the date of state registration of this order 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" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

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.

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of August 28, 2018 No. 1318

Regulations on the commission on recognition of the trademark well-known in the Republic of Kazakhstan

Chapter 1. General provisions

1. The regulations on the commission on recognition of the trademark well-known in the Republic of Kazakhstan (further – the Provision) are developed according to article 18-1 of the Law of the Republic of Kazakhstan "About trademarks, service marks, geographical instructions and names of places of goods origin" (further – the Law on trademarks).

2. The commission on recognition of the trademark well-known in the Republic of Kazakhstan is collegiate organ of the Ministry of Justice of the Republic of Kazakhstan.

3. In the activities the Commission on recognition of the trademark well-known in the Republic of Kazakhstan is guided by the Constitution of the Republic of Kazakhstan, the Law on trademarks, and also this Provision.

4. In the Provision the following concepts are used:

1) the Commission on recognition of the trademark well-known in the Republic of Kazakhstan (further – the Commission) - collegiate organ of the Ministry of Justice of the Republic of Kazakhstan;

2) the patent agent – the capable citizen of the Republic of Kazakhstan who is constantly living in its territory, having the higher education, work experience in the sphere of protection and protection of intellectual property rights at least four years or passed training in chamber of patent agents at least one year which underwent certification and registered in the register of patent agents;

3) the expert organization – the organization created according to the decision of the Government of the Republic of Kazakhstan approved by the Order of the Government of the Republic of Kazakhstan of July 11, 2002 No. 756 "About creation of the Republican state state company "National Institute of Intellectual Property of Committee on Intellectual Property Rights of the Ministry of Justice 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;

4) the parties – physical and (or) legal entities, and also the patent agents who submitted applications for recognition of the trademark well-known in the Republic of Kazakhstan;

5) authorized body - The Ministry of Justice of the Republic of Kazakhstan (further - the Ministry).

Chapter 2. Organization of activities of the Commission

5. Commission:

1) considers applications of physical persons and legal entities for recognition of the trademark well-known in the Republic of Kazakhstan, arriving in the Ministry;

Attracts 2) to consideration of disputes of specialists of the corresponding profile from state bodies and the staff of the expert organization, and also organizes if necessary working meetings;

Hears 3) on commission sessions of agents of the parties and asks them questions;

4) makes the decision on recognition of the trademark well-known or the decision on refusal in such recognition which goes to the owner of the trademark within ten working days from the moment of adoption of such decision.

6. The structure of the Commission affirms the order of the Minister of Justice of the Republic of Kazakhstan (or replacement his face) and consists of at least five employees of Department on intellectual property rights of the Ministry and expert organization.

7. Commission chairman is the Vice-Minister of Justice of the Republic of Kazakhstan. During absence of the chairman of its function the vice-chairman carries out.

8. Commission chairman:

1) directs its activities;

2) is determined by the schedule of commission session, and also the place and time of carrying out commission sessions;

3) convokes commission sessions and presides over them.

9. Meeting materials after coordination with the commission chairman are led up to each his member not later than five working days before date of meeting.

10. Functions of working body of the Commission are assigned to Management of industrial property of Department on intellectual property rights of the Ministry.

11. Commission sessions are considered competent if at them there are at least 2/3 of her members.

12. Decisions of the Commission are made by a majority vote by open voting and are considered accepted if for them the majority of votes from total quantity of the members of the commission participating in meeting is given. In case of equality of votes, the chairman's voice is decisive.

13. According to part 11 of Item 2 of article 18-1 of the Law on trademarks the decision on refusal in recognition of the trademark well-known is taken out if it is determined that:

1) data are insufficient for recognition of common knowledge of the trademark;

2) there is trademark identical or similar to extent of mixture with the trademark of the applicant, protected or declared addressed to the other person concerning uniform goods, with priority earlier, than date with which the applicant petitions to recognize the trademark well-known.

The decision of the commission of authorized body can be appealed in court.

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