The decision on registration may relate to the entire list of goods and services or to the part. The decision to register the trademark before its filing in the State register of Trademarks may be reviewed due to the fact of identification of application with the earlier priority. Based on the decision of the authorized body on registration of the trademark the applicant carries out the payment of the state duty for registration of the trademark as well as the payment for the expert organization activity on publishing information about the registration within. In case of failure to submit by the applicant according to the established procedure the proof of payment of the state duty for the registration of the trademark and for the expert organization activity on publishing information the registration of trademark shall not be made. In case of disagreement with the expertise opinion handed down in accordance with the paragraph 2 of this Article the applicant may file an objection against the expertise opinion to the authorized body within the period of three months of the date of sending thereof. The objection shall be handled by the Appeal board within the period of four months of the date of its receipt.
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Trademark examination Article. The examination of application shall be carried out summary by the expert organization gradually: 1) preliminary examination shall be carried out within a period of one month of the date when application was received in order to verify the application content, the presence of the necessary. As a result of this examination the applicant within ten working days receives notification whether the application was accepted for pendency or the procedure was terminated; 2) full examination shall be carried out within the period of nine months of the date of filing. 3) upon the written request of the applicant subject to the additional payment the examination of application for trademark shall be carried out earlier that the terms indicated in sub-paragraph 2) of this paragraph but not earlier than six months from the date of filing. At any stage of the examination the expert organization has right to request the additional materials that shall be submitted within three months of the date of sending the request to the applicant. In case of failure to submit by the specified time the additional materials or the request to extend the specified time the procedure shall be terminated and the application shall be considered as revoked. Decisions on the results of examination cording to the results of the preliminary examination the applicant shall be informed within ten working days about either acceptance of application for consideration, assignment of relevant number, determination of filing and priority date or refusal to accept the. Within ten working days the expert organization sends to the authorized body the expert opinion on registration, partial registration or registration refusal given according to the results of the full examination. The expert opinion on registration refusal shall be sent to the applicant within ten working days. The applicant has right to submit the reasoned objection within three months of the date when the preliminary opinion of the full examination was sent to him following the consideration of which the expert organization shall hand down the final opinion within three months. According to the results of the full examination the authorized body makes decision either to register the trademark or to refuse the registration within fifteen working days.
The priority of trademark may be determined by the filing date of the first application (applications) for trademark in a country - member to the paris Convention for the protection of industrial property as well as in the international or regional organization provided for. When claiming for the convention priority the applicant shall indicate number, date and country of filing of the first application and attach its certified copy. The priority of trademark placed on the showpieces displayed at the officially recognized international exhibitions may be determined by the date of the open display of the showpiece at the exhibition (exhibition priority) if filing of the application for trademark to the expert organization. The applicant wishing to exercise the right of convention or exhibition priority shall state this fact and submit the relevant documents confirming the legitimacy of this claim on filing an application for trademark or within two months of the date when the expert organization has. In case of a divided application the priority for each application is determined by the priority date of the first application. The priority for the divided applications is determined by the priority date of the original application of the same applicant; in case there is a right to determine the earlier priority by the original application the priority is determined by the date of this priority. The multiply priority of trademark in regard to different goods shall be determined upon the request of the applicant if several his applications for the designation in regard to various goods are available.
Application shall be submitted on the standard form and shall contain: 1) the request for expertise of designation specifying the applicant as well as his location or residence; 2) the designation in respect of which the application is filed; 3) the list of goods and. Application shall be accompanied by: 1) proof of payment for services of an expert organization for the expertise. The amount of payment shall be set in accordance with the legislation of the republic of kazakhstan; 2) power of attorney in case of record-keeping activities through the representative; 3) statute of the collective trademark (in case of filing an application for the collective trademark). The application and the annexed documents shall be submitted in kazakh or Russian language. If the documents are submitted in other language the applicant shall submit their translation into kazakh or Russian language within one month period. The filing date of an application shall be the date when expert organization received an application that meets requirements of paragraph 2 of this Article; in case that the mentioned documents were not submitted simultaneously the date shall be the date when the last. The procedure of compilation, preparation and pendency of application for the trademark shall be established by the authorized body. Priority of trademark. The priority of trademark shall be determined by the filing date of application to the expert organization.
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537-iv (enters into force in ten calendar days after its first official publication 5) appellation of origin protected in the republic of kazakhstan in regard to advantages any business goods unless they may be incorporated as unprotected elements of the trademark registered in the name of the. Registration of designation as a trademark in regard to goods or services confusingly similar to any of trademarks mentioned in sub-paragraphs 1 2) and 3) of part one of this paragraph is subject to the consent of the trademark owner. Designations shall not be registered as trademarks if they reproduce: 1) industrial designs protected in the republic of kazakhstan in the name of other parties on condition of their earlier priority; 2) (is excluded) 3) names of works of literature, science and art, known pieces. Filing of application. The application for a trademark to the expert organization shall be filed by one applicant.
The application for a collective trademark shall be filed on behalf of the association in accordance with the agreement of its participants on use of the collective trademark. Application may be filed as an electronic document certified with the digital signature. Requirements for application on registration of trademark footnote. 300-V (enters into force in ten calendar days after its first official publication. Application shall relate to one trademark only.
Graphic, verbal, letter, numerical, three-dimensional and other designations or combinations of designations allowing to distinguish goods and services of certain parties from similar good and services of other parties may be registered as a trademark. Trademark can be registered in any color or color combination. Statutory grounds for refusal of registration of a trademark. It is not allowed to register the trademarks consisting solely of the designations that are not distinctive, in particular: 1) entered into common use for marking goods (services) of the particular kind; 2) are generally accepted symbols and expressions; 3) indicate the sort, quality, quantity. 537-iv (enters into force in ten calendar days after its first official publication 5) excluded by the law of the republic of kazakhstan. 537-iv (enters into force in ten calendar days after its first official publication 6) have the direct descriptive connection with goods or services that they are used to mark; 7)-13) excluded by the law of the republic of kazakhstan.
537-iv (enters into force in ten calendar days after its first official publication The mentioned designations may be used as unprotected elements of a trademark if they do not take the dominated place. The designations reproducing armorial bearings, flags and symbols, abbreviated and full names of international organizations and their official signs, flags and symbols, hallmarks of control, warranty or assay, stamps, Olympic logos, awards and other honorary signs as well as designations that are confusingly similar. Such designations may be used as unprotected elements if the designation does not consist only of them and if there is consent of the appropriate authorized body or their owner thereof. The registration of designations as trademarks or their elements is not allowed if they: 1) are false or liable to mislead regarding the good or its manufacturer including the names of geographic locations liable to mislead regarding the place of good manufacture; 2) formally indicate. Other grounds for refusal of registration of a trademark. The designations may not be registered as trademarks that are identical or confusingly similar to: 1) trademarks registered in the republic of kazakhstan and protected by virtue of the international agreements with the earlier priority in the name of the third party in regard.
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Legal protection and terms for registration of trademark Article. Legal protection of trademarks. The legal protection of trademarks in the thesis republic of kazakhstan shall be granted on the basis of their registration in accordance with the procedure established by this Law as well as without registration in virtue of the international agreements of the republic of kazakhstan. The legal protection of trademarks shall be granted to the individuals and the legal entities. The right in a trademark shall be certified by the entry about registration in the State register of trademarks of the republic of kazakhstan and confirmed with the extract from the State register of trademarks of the republic of kazakhstan. The owner of the trademark shall have the executive right to use and dispose the trademark he owns in regard to the goods and services specified in the certificate. No one may use the trademark protected in the republic of kazakhstan without the consent of owner thereof. Article 4 as amended by the law of the republic of kazakhstan. Designations registered as a trademark.
300-V (the act shall be entered into force in ten calendar days after its first official publication Article 3-1. State monopoly in the field of protection of trademarks, resume service marks, appellations of origin. The activities on accepting and expertise of the applications for registration of trademarks, service marks and appellations of origin, on carrying out expertise of the agreements on trademarks, service marks assignment, of the license (sublicense) agreements, on maintenance of the state register of the protected. The activities technologically connected with the activity of the expert organization include: 1) certification of application copies (priority document 2) transfer credit and payments confirmation. Prices on goods (works, services) produced and (or) distributed by the entities of the state monopoly shall be set by the authorized body in coordination with the competition authority. Chapter 1 was completed with Article 3-1 according to the law of the republic of kazakhstan. 586; 1 as amended by the law of the republic of kazakhstan. 34-V (the act is entered into force since the day of its official publication as amended by the laws of the republic of kazakhstan.300-V (enters into force in ten calendar days after its first official publication).
kazakhstan. Authorized government body in the field of protection of trademarks, service marks, appellations of origin. The authorized government body (hereinafter the authorized body) is the government body determined by the government of the republic of kazakhstan that performs the government regulation in the field of protection of trademarks, service marks, appellations of origin. The competence of the authorized body includes: 1) the participation in the implementation of the state policy in the field of legal protection of trademarks, services marks and appellations of origin; 2) registration of trademarks and appellations of origin; 2-1) determination of the procedure for. Article 3 as amended by the law of the republic of kazakhstan. 586; as amended by the laws of the republic of kazakhstan. 237 (the act shall be entered into force since the day of its official publication. 452-iv (the act shall be entered into force since. 537-iv (the act shall be entered into force in ten calendar days after its first official publication.
The following basic definitions are used in this Law: 1) exclusive right means a property right of the owner to use the trade mark or the appellation of origin by all means at his presentation own discretion; 1-1) marks that are confusingly similar means similar signs. Article 1 as amended by the law of the republic of kazakhstan. 537-iv (enters into force in ten calendar days after its first official publication as amended by the laws of the republic of kazakhstan. 34-V (enters into force in ten calendar days after its first official publication. 300-V (enters into force in ten calendar days after its first official publication). Legislation of the republic of kazakhstan. Trademarks, service marks and Appellations of Origin. The legislation of the republic of kazakhstan on trademarks, service marks and appellations of origin consists of the civil Code of the republic of kazakhstan, this Law and other laws and regulations of the republic of kazakhstan.
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