Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 26, 1999 No. 456-I

About trademarks, service marks and names of places of goods origin

(as amended on 21-01-2019)

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.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

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;

12) the collective trademark is the trademark of association (union) or other consolidation of legal entities and (or) individual entrepreneurs (further - consolidation) serving for designation of the goods (services) having single quality or other characteristics issued or realized by them.

Article 2. Legislation of the Republic of Kazakhstan on trademarks, service marks and names of places of goods origin

1. The legislation of the Republic of Kazakhstan on trademarks, service marks and names of places of goods origin consists of the Civil code of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3. Authorized state body in the sphere of protection of trademarks, service marks, names of places of goods origin

1. Authorized state body (further - authorized body) - the state body determined by the Government of the Republic of Kazakhstan and performing state regulation in the field of protection of trademarks, service marks, names of places of goods origin.

2. Are within the competence of authorized body:

1) participation in realization of state policy in the field of legal protection of trademarks and names of places of goods origin;

2) development and approval:

rules of conducting examination of requests for trademarks and names of places of goods origin;

rules of registration of trademarks and names of places of goods origin in the State register of trademarks 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;

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

rules of provision of statements from the State register of trademarks and the State register of names of places of goods origin;

rules of consideration by appeal council of objections;

rules of consideration of requests for trademarks according to the international treaties ratified by the Republic of Kazakhstan;

regulations on certifying commission;

regulations on appeal council;

regulations on the appeal commission;

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

3) determination of procedure for publication in the bulletin of the data relating to registration of trademarks and names of places of goods origin;

4) carrying out certification of candidates for patent agents and their registration in the register of patent agents;

5) the organization of activities of certifying commission, appeal council, the appeal commission and the commission on recognition of the trademark well-known in the Republic of Kazakhstan;

6) implementation of other powers provided by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 3-1. Expert organization

1. The expert organization created 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:

1) carries out expertize of requests for trademarks and names of places of goods origin;

2) registers trademarks and names of places of goods origin in the State register of trademarks and the State register of names of places of goods origin and issues security documents and their duplicates, performs cancellation of registration and recognition of its invalid;

3) registers transfer of exclusive right, provision of the right to use the trademark in the State register of trademarks;

4) is conducted by the State register of trademarks and the State register of names of places of goods origin, the bulletin and places them on the Internet resource;

5) provides statements from the State register of trademarks and the State register of names of places of goods origin;

Publishes 6) in the bulletin of the data, belonging to registration of trademarks and names of places of goods origin;

7) is performed by search of data of registered trade marks and names of places of goods origin based on addresses of interested persons;

8) considers requests for trademarks and names of places of goods origin according to the international treaties ratified by the Republic of Kazakhstan;

9) performs other types of activity which are not forbidden by the legislation of the Republic of Kazakhstan.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 40000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.