- Law of the Republic of Kazakhstan on Trademarks, Service Marks and Appellations of Origin
- TITLE 1 GENERAL PROVISIONS
- TITLE II LEGAL PROTECTION AND CONDITIONS FOR REGISTRATION OF A TRADEMARK
- Article 4 Legal protection of trademarks
- Article 5 Signs registered as trademarks
- Article 6 Statutory grounds for refusal of registration of a trademark
- Article 7 Other grounds for refusal of registration of Trademark
- Article 8 Filing of the application
- Article 9 Requirements for an application for registration of the trademark
- Article 10 Priority of the Trademark
- TITLE III EXAMINATION OF THE TRADEMARK
- TITLE IV REGISTRATION OF THE TRADEMARK
- TITLE V EXPLOITATION OF THE TRADEMARK
- TITLE VI END OF THE EFFECTS OF THE TRADEMARK REGISTRATION
- TITLE VII LEGAL PROTECTION AND CONDITIONS GOVERNING REGISTRATION OF THE APPELLATION OF ORIGIN
- TITLE VIII EXAMINATION OF THE APPELLATION OF ORIGIN
- TITLE XI REGISTRATION AND GRANT OF THE RIGHT TO USETHE APPELLATION OF ORIGIN
- Article 33 Procedures of Conduct of the State Register of Appellations of Origin
- Article 34 Term of the registration of the appellation of origin and of the right to use the appellation of origin
- Article 35 Publication of the particulars on the registration
- Article 36 Certificate Attesting the Right to Use the Appellation of Origin
- TITLE X EXPLOITATION OF THE APPELLATION OF ORIGIN
- TITLE XI END OF THE LEGAL PROTECTION OF THE APPELLATION OF ORIGIN
- TITLE XII DEFENCE OF RIGHTS OF TRADEMARK OWNERS AND OF RIGHTS TO USE THE APPELLATIONS OF ORIGIN
- Article 41 Board of Appeal
- Article 42 Settlement of Disputes
- Article 43 Liability of legal entities or natural persons for infringement of laws on trademarks and appellations of origin
- Article 44 Obligations of the person who infringes the rights of the trademark owner or the owner of the right to use the appellation of origin
- TITLE XIII FINAL PROVISIONS
Law of the Republic of Kazakhstan on Trademarks, Service Marks and Appellations of Origin
Appellations of Origin
This Law shall govern the relations arising out of the registration, legal protection and use of trademarks, service marks and appellations of origin in the Republic of Kazakhstan.
TITLE 1
GENERAL PROVISIONS
Article 1
Basic definitions used in this Law
The following basic definitions shall be used in this Law:
(1) “Gazette” means an official periodical on trademarks and appellations of origin protection matters published by Kazpatent;
(2) “Owner of the trademark or owner of the right to use the appellation of origin” means a legal entity or a natural person engaged in business activity and having an exclusive right in trademark or an exclusive right to use the appellation of origin under this Law;
(3) “Geographical indication” means an indication identifying goods that originate in a certain territory, region or place;
(4) “Applicant” means a legal entity or a natural person who has filed an application for registration of the trademark or for registration and grant of the right to use the appellation of origin;
(5) “Exclusive right” means an economic right of the owner to use the trademark or the appellation of origin in any way at his discretion;
(6) “Use of trademark or appellation of origin” means the use of a trademark or an appellation of origin on goods for which they are protected and/or on the packaging thereof, manufacture, use, importation, storage, offering for sale, sale of goods designated by a trademark or by an appellation of origin, use on signs, in advertising, in printed publications or in other business documents as well as any other form of marketing;
(7) “Collective trademark” means the trademark of an association (union) or any other group of legal entities and (or) individual businessmen (hereinafter referred to as “association”) serving to designate products (service) manufactured or brought into circulation by them that have common qualitative or other characteristics;
(8) “International Classification of Goods and Services” means classification adopted by the Nice Agreement of June 15, 1957 as revised and amended;
(9) “Appellation of origin” means the geographical indication serving to designate a product, the specific properties of which are exclusively or essentially connected with the place of production thereof, including natural and (or) human factors;
(10) “Well-known trademark” means a trademark recognized as well-known in virtue of international agreements to which the Republic of Kazakhstan is party, by a competent authority or court decision based on proof furnished by interested persons;
(11) “Patent agents” means nationals who are entitled by legislation to represent natural persons or legal entities before Kazpatent;
(12) “Trademark or service mark (hereinafter referred to as “trademark”) means sign, registered under this Law or protected without registration in virtue of international treaties to which the Republic of Kazakhstan is party, serving to distinguish the goods (services) of one legal entity or natural person from goods and services of the same type of other legal entities or natural persons.
Article 2
Legislation of the Republic of Kazakhstan on Trademarks, Service Marks and Appellations of Origin
(1) The legislation of the Republic of Kazakhstan on trademarks, service marks and appellations of origin consists of this Law and other legislative and regulatory texts of the Republic of Kazakhstan.
(2) Where an international treaty which is ratified by the Republic of Kazakhstan contains provisions that differ from those laid down by this Law, the provisions of such international treaty shall prevail.
Article 3
“Competent State Authority”
The National Patent Office (hereinafter referred to as “KAZPATENT” shall, within the terms of this Law, be responsible for the State monopoly in the field of the legal protection of trademarks and appellations of origin, the receiving of applications for registration of trademarks, registration and granting the right to use appellations of origin, examination thereof and issue of certificates, shall publish official notifications on registration of trademarks and granting the right to use appellations of origin and perform other functions of a Patent office.
TITLE II
LEGAL PROTECTION AND CONDITIONS FOR REGISTRATION OF A TRADEMARK
Article 4
Legal protection of trademarks
(1) The legal protection of trademarks shall be granted in the Republic of Kazakhstan on the basis of the registration thereof under the provisions of this Law as well as without registration in virtue of international treaties to which the Republic of Kazakhstan is party.
(2) The legal protection of trademarks may be granted to any legal entity or natural person engaged in a business activity.
(3) The right in a trademark shall be attested by a certificate.
(4) The owner of the trademark shall have the exclusive right of use and disposal thereof in relation to the goods and services specified in the certificate.
No one may use a trademark protected in the Republic of Kazakhstan without the consent of the owner thereof.
Article 5
Signs registered as trademarks
(1) Figurative, verbal, in letters, digital, three-dimensional and other signs or combinations thereof serving to distinguish goods and services of one person from similar goods and services of other persons may be registered as trademarks.
(2) A trademark may be registered in any color or combination of colors.
Article 6
Statutory grounds for refusal of registration of a trademark
(1) Trademarks may not be registered where they consist solely of signs that are not distinctive, in particular:
- that have become the customary designation for goods of a particular type;
- that are symbols or terms in common use;
- that specify the type, quality, quantity, properties, function or value of the goods, or the place and time of their manufacture or sale;
- that represent life-size or schematic picture of goods for which the registration is sought;
- that represent solely colors.
These signs may be used as unprotected elements of a trademark if they are not predominant.
(2) Those signs may not be registered as trademarks that reproduce armorial bearings, flags or emblems of States, abbreviated or full names of international organizations, official signs or hallmarks of control, warranty or assay, Olympic symbol, decorations and other honorary signs as well as signs that are confusingly similar to such signs,
Such signs may be used as unprotected elements, provided that there is a consent for this of a competent authority or the owner thereof.
(3) Signs may not be registered as trademarks or as elements thereof:
- that are inaccurate or liable to mislead as to the product or its producer, including geographical indications liable to mislead as to the place of product manufacture;
- that formally indicate the real place of product manufacture, but give a wrong impression that the product originates from another territory;
- that are or include geographical indications identifying mineral waters, wines or hard liquors, to designate such products not originating from this place or where a translation is used or a sign is accompanied by such expressions as “type” or “style” or something like that;
- that are contrary to the public interest, humanitarian principles or morality.
Article 7
Other grounds for refusal of registration of Trademark
(1) Those signs may not be registered as trademarks that are identical or confusingly similar to:
(a) trademarks registered in the Republic of Kazakhstan earlier in the name of other person for goods or services of the same type;
(b) trademarks that are well known in the Republic of Kazakhstan for goods and services of any type;
(c) signs in respect of which an application for registration has been filed previously with Kazpatent in the name of a third party for goods and services of the same type, (excepting those withdrawn);
(d) certification marks registered according to the established procedure in the territory of the Republic of Kazakhstan;
(e) appellations of origin protected in the Republic of Kazakhstan, except where they can be incorporated as unprotected elements in a trademark registered in the name of a person authorized to use the said appellation of origin.
(2) Those signs shall not be registered as trademarks that constitute reproduction of:
- industrial designs protected in the Republic of Kazakhstan in the name of other persons on condition that they have priority;
- trade names (or parts of trade names) widely known in the territory of the Republic of Kazakhstan and belonging to third parties whose right to the said names came into being before the priority date of the application for registration of the mark for goods of the same type;
- titles of known literary, scientific or artistic works, or artistic works or parts of such works, that are protected by copyright;
- surnames, forenames, pseudonyms and names derived therefrom, and portraits and likenesses, where the reproduction of those elements infringes the non-pecuniary personal rights of the persons concerned, or their heirs or successors in title, or where those elements form part of the historical and cultural heritage of the Republic of Kazakhstan and are reproduced without the consent of the competent authority;
Article 8
Filing of the application
(1) The application for registration of the trademark shall be filed by applicant or applicants with Kazpatent.
(2) The application for registration of a collective trademark shall be filed in the name of the association in accordance with an agreement of its participants on use of the collective trademark.
Article 9
Requirements for an application for registration of the trademark
(1) The application shall relate to one trademark only.
(2) The application shall be submitted on an official form and shall contain:
- a request for registration of a sign as a trademark, in which the name of the applicant and his headquarters or residence shall be specified;
- the sign in respect of which the application is filed;
- the list of goods and (or) services for which registration of the trademark is sought, grouped in accordance with the International Classification of goods and services.
(3) The application shall be accompanied by:
- proof of payment of the prescribed fee;
- power of attorney where the office work is done through a representative.
(4) The application and any annexed documents shall be drawn in the Kazakh or Russian language. If the documents are submitted in another language the applicant shall submit their translation into Kazakh or Russian language within two months period.
(5) The filing date of an application shall be the date on which Kazpatent has received an application that meets requirements of the par.2 of this Article.