ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 29, 2018 No. 1340

About approval of Rules of registration of trademarks, geographical instructions and names of places of goods origin in the State register of trademarks, the State register of geographical instructions and the State register of names of places of goods origin and issue of security documents and their duplicates, cancellation of registration and recognition its invalid, and also forms of certificates

According to the subitem 2) Item 2 of Article 3, Item 3 of Article 4, Item 1 of article 36 of the Law of the Republic of Kazakhstan "About trademarks, service marks, geographical instructions and names of places of goods origin" PRIKAZYVAYU:

1. Approve enclosed:

1) Rules of registration of trademarks, geographical instructions and names of places of goods origin in the State register of trademarks, the State register of geographical instructions and the State register of names of places of goods origin and issue of security documents and their duplicates, cancellation of registration and recognition its invalid according to appendix 1 to this order;

2) certificate form on the trademark according to appendix 2 to this order;

3) certificate form on right to use by geographical specifying according to appendix 3 to this order;

4) certificate form on right to use by the name of the place of goods origin according to appendix 4 to this order.

2. To provide to department on intellectual property rights of the Ministry of Justice 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 its direction 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 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.

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of August 29, 2018 No. 1340

Rules of registration of trademarks, geographical instructions and names of places of goods origin in the State register of trademarks, the State register of geographical instructions and the State register of names of places of goods origin and issue of security documents and their duplicates, cancellation of registration and recognition of its invalid

Chapter 1. General provisions

1. These rules of registration of trademarks, geographical instructions and names of places of goods origin in the State register of trademarks, the State register of geographical instructions and the State register of names of places of goods origin and issue of security documents and their duplicates, cancellation of registration and recognition its invalid (further – Rules) are developed according to the subitem 2) of 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" (further – the Law) and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further – the Law on state services) and determine order of registration of trademarks, geographical instructions and names of places of goods origin in the State register of trademarks, State register of geographical instructions and State register of names of places of goods origin, issue of security documents and their duplicates, cancellation of registration and recognition its invalid and procedure for rendering the state services.

2. In these rules the following concepts and reducings are used:

1) the bulletin – the official periodical concerning protection of trademarks, geographical instructions and names of places of goods origin;

2) VOIS – World Intellectual Property Organization;

3) the well-known trademark – the designation used as the trademark, or the trademark recognized well-known by the decision of authorized body, based on proofs of interested persons;

4) 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;

5) 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;

6) the owner (owner) of the trademark or the owner of right to use by geographical specifying and the name of the place of goods origin – the physical person or legal entity having exclusive right on the trademark or exclusive right of use of geographical specifying and the name of the place of goods origin;

7) MKTU – the international classification of goods and services;

8) geographical specifying – the designation identifying the goods occurring from the territory of geographical object, certain quality, reputation or other characteristics of which are substantially connected with its geographical origin. In the territory of this geographical object one of goods production stages having significant effect on forming of its characteristics shall be performed at least;

9) the name of the place of goods origin – the designation representing or containing the modern or historical, official or unofficial, full or abbreviated name of the country, settlement, area or other geographical object which is including it the name or derivative of such name and became known as a result of its use in respect of goods which special characteristics only or are mainly determined by environment and (or) human factors, characteristic of this geographical object. In the territory of this geographical object all production stages of goods having significant effect on forming of special characteristics of goods shall be performed;

10) ENID – the international codes for identification of bibliographic data;

11) the web portal of "the electronic government" www.egov.kz (further – the portal) – the object of informatization representing "single window" of access to all consolidated government information including the regulatory legal base, and to the state and other services rendered electronically;

12) payment gateway of "the electronic government" (further – PShEP) – the object of informatization automating processes of information transfer about carrying out payments within rendering the paid services rendered electronically;

13) the digital signature (further – the EDS) – set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

The service provider provides entering of data on stage of rendering the state service into information system of monitoring of rendering the state services according to the procedure, established by authorized body in the sphere of informatization, according to the subitem 11) of Item 2 of article 5 of the Law on state services.

In case of modification and (or) amendments to these rules the authorized body sends to the operator of information and communication infrastructure of "the electronic government", to Single contact center, to the service provider information on such changes and (or) amendments within 3 (three) working days after state registration in judicial authorities of the corresponding regulatory legal act.

Chapter 2. Order of registration in the State register

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