I.O'S ORDER. MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of May 19, 2020 No. 41

About introduction of amendments to the 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 and names of places of goods origin in the State register of trademarks and the State register of names of places of goods origin, forms of certificates and issues of security documents and their duplicates, cancellation of registration and recognition its invalid"

According to the subitem 2) of Item 2 of article 3 of the Law of the Republic of Kazakhstan of July 26, 1999 "About trademarks, service marks and names of places of goods origin" and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" I ORDER:

1. In the 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 and names of places of goods origin in the State register of trademarks and the State register of names of places of goods origin, forms of certificates and issues of security documents and their duplicates, cancellation of registration and recognition its invalid" (it is registered in the Register of state registration of regulatory legal acts No. 17414, it is published on September 27, 2018 in Reference control bank of regulatory legal acts) to make the following changes:

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, forms of certificates and issues of security documents and their duplicates, cancellation of registration and recognition its invalid, approved by the specified order to be reworded as follows according to appendix 1 to this order.

2. Recognize invalid some orders of the Ministry of Justice of the Republic of Kazakhstan according to the list according to appendix 2 to this order.

3. To provide to department on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order;

2) placement of this order on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

4. To impose control of execution of this order on the supervising vice-Minister of Justice of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

Appendix 1

to the Order of the deputy. The Minister of Justice of the Republic of Kazakhstan of May 19, 2020 No. 41

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

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, forms of certificates and issues 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 and names of places of goods origin in the State register of trademarks and the State register of names of places of goods origin, forms of certificates and issues 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 of July 26, 1999 "About trademarks, service marks 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 of April 15, 2013 "About the state services" (further - the Law on state services) and determine order 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, forms of certificates and issues of security documents and their duplicates, cancellation of registration and recognition its invalid, and also 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 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, about trademarks 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 homogeneous 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 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;

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

8) 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, qualities, reputation or other characteristics of which are connected mainly with its geographical origin, including characteristic environment and (or) human factors;

9) ENID - the international codes for identification of bibliographic data;

10) State register - State register of registered trade marks, State register of names of places of goods origin.

11) the web portal of "the electronic government" www.egov.kz (further - the portal) - the information system representing single window of access to all consolidated government information including the regulatory legal base, and to the state services, services in issue of specifications on connection to the networks of subjects of natural monopolies and services of subjects of the quasi-public sector rendered electronically;

12) payment gateway of "the electronic government" (further - PShEP) - the information system 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.

Chapter 2. Order of registration in the State register

Paragraph 1. Registration of trademarks

3. Based on the decision Republican state the company on the right of economic maintaining "National institute of intellectual property" of the Ministry of Justice of the Republic of Kazakhstan (further - the service provider) about registration of the trademark and in case of fee of the service provider for registration of the trademark, data according to the trademark with assignment to it sequence number (further - number of registration) and specifying of date of introduction of data are entered in the State register of trademarks (further - registration date).

4. In case of registration of the trademark the following data are entered in the State register:

1) number and registration date of the trademark;

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