of July 26, 1999 No. 456-I
About trademarks, service marks and names of places of goods origin
This Law governs the relations arising in connection with registration, legal protection and use of trademarks, service marks and names of places of goods origin in the Republic of Kazakhstan.
In this Law 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;
1-1) signs similar to extent of mixture, - the similar signs or designations having differences of separate elements are also associative perceived the consumer as identical;
1-2) identical trademarks - the signs or designations matching in all elements;
1-3) uniform goods or services - the goods or services performing one function, relating to one sort (type) which in case of application of identical or similar signs on goods can cause in the consumer idea of accessory them to one producer;
2) the bulletin - the official periodical concerning protection of trademarks and names of places of goods origin;
3) geographical specifying - the specifying identifying the goods occurring from certain territory, the region or the area;
4) 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;
4-1) Madrid agreement - The Madrid agreement on the international registration of signs of April 14, 1891;
4-2) protocol to the Madrid agreement - the protocol to the Madrid agreement on the international registration of signs of June 28, 1989;
5) the applicant - the legal entity or physical person which submitted the application for registration of the trademark or registration and provision of right to use by the name of the place of goods origin;
6) 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;
6-1) Singapore agreement - The Singapore agreement on the laws according to trademarks of March 27, 2006;
7) the International classification of goods and services - the classification accepted by the Nizzky agreement of June 15, 1957 with subsequent changes and amendments;
8) the trademark, service mark (further - the trademark) - the designation registered according to this 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;
9) use of the trademark or name of the place of goods origin - placement of the trademark or name of the place of goods origin on goods and when rendering services concerning which they are protected, on their packagings, production, application, import, storage, the offer to sale, sale of goods with designation of the trademark or name of the place of goods origin, application in signs, advertizing, printed materials or other business documentation, and also their other introduction in turnover;
10) the owner (owner) of the trademark or the owner of right to use by 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 the name of the place of goods origin according to this Law;
11) the name of the place of goods origin - the designation which is representing or containing the name of the country, region, settlement, area or other geographical specifying and also the specifying derivative of such name and became known as a result of its use in respect of goods, special characteristics, quality, reputation or other characteristics of which are connected mainly with its geographical origin, including characteristic environment and (or) human factors;
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