of April 24, 2007 No. 55-OD
About approval of the Instruction for creation, registration and consideration of the request for the trademark
According to Item 6 of article 9 of the Law of the Republic of Kazakhstan "About trademarks, service marks and names of places of goods origin" and for the purpose of implementation of the Law of the Republic of Kazakhstan of March 2, 2007 to No. 237-III "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning intellectual property", I ORDER:
1. Approve the enclosed Instruction for creation, registration and consideration of the request for the trademark.
2. Recognize invalid Corrected creation and applications for registration of the trademark approved by the Patent agency of the Ministry of Economy and Trade of the Republic of Kazakhstan on October 8, 1996 (registered in the Register of state registration of regulatory legal acts for No. 296), the Rules of consideration of the request for registration of the trademark approved by the Patent agency of the Ministry of Economy and Trade of the Republic of Kazakhstan on October 8, 1996 (registered in the Register of state registration of regulatory legal acts for No. 297).
3. To provide to management on realization of state policy in the field of industrial property of Committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan (Barzhaksa N. B.) in the procedure established by the legislation submission of this order on state registration.
4. To impose control of execution of this order on the vice-chairman of Committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan Bekenov of Page E.
5. This order becomes effective from the date of its first official publication.
Chairman M. Aykenov
Approved by the order of the Chairman of Committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan of April 24, 2007 No. 55-OD
1. This Instruction is developed according to the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "About trademarks, service marks and names of places of goods origin" of July 26, 1997 (further - the Law) and disaggregates the procedure of creation of the request for registration of the trademark, service mark, the procedure of its registration and consideration, and also the procedure of issue of the certificate on the trademark, service mark.
2. In this Instruction the following concepts are used:
1) the trademark, service mark (further - the trademark) the designation registered according to the 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 homogeneous goods (services) of other legal entities or physical persons;
2) 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;
3) the well-known trademark - the designation used as the trademark or the trademark, recognized well-known owing to international agreements which participant is the Republic of Kazakhstan, the decision of competent authority or court, based on proofs of interested persons;
4) the name of the place of goods origin is the geographical specifying used for designation of goods which special characteristics only or are mainly connected with the place of its production, including environment and (or) human factors;
5) the applicant - the legal entity or physical person which submitted the application for registration of the trademark;
6) the expert organization - the organization subordinated to authorized body performing activities in the spheres referred to the state monopoly (rendering services in the field of protection of trademarks, service marks, names of places of goods origin);
7) 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;
8) The international classification of goods and services (further - MKTU) the classification accepted by the Nizzky agreement of June 15, 1957 with subsequent changes and amendments;
9) Madrid agreement - The Madrid agreement on the international registration of signs of April 14, 1891 with subsequent changes and amendments.
3. According to Item 1 of article 5 of the Law as trademarks the verbal, graphic, alphabetic, digital, volume and other references or their combinations allowing to distinguish goods and services of one persons from homogeneous goods and services of other persons can be registered.
The trademark can be registered in any color or color combination.
1) words belong To verbal designations; the combinations of letters having verbal nature; phrases; offers; other units of language, and also their combination.
2) graphical representations on the plane, in particular, of the image of different living beings, objects, other objects, figures, artly executed font elements, and also different compositions of above-mentioned elements belong To graphic designations.
3) three-dimensional objects which form is original belong To volume designations and is not connected only with function of goods.
4) different combinations of elements - verbal, graphic, volume belong To the combined designations.
5) To other designations, the stipulated in Article 5 Laws, sound designations belong.
4. The application is submitted to the expert organization or goes by mail or fax connection. If the request is transferred on fax connection, then it is confirmed by the original on paper no later than one month from the date of receipt of the request on fax connection. If documents of the request arrived in the expert organization after the specified term or contain the data differing from provided on fax connection, then they are considered arrived on receipt date of their originals.
The application is submitted to the expert organization in triplicate.
5. The request is submitted on the form in the TZ-1 form according to appendix to this Instruction, and shall belong to one trademark and contain:
1) specifying on the fact that protection of the collective trademark is asked if the application for registration of the collective trademark is submitted;
2) full name of the legal entity or name, surname, middle name (if it is available) physical person, and also their location or residence, including the postal index and country name, phone number, and also number of the fax and the e-mail address (if they are available);
3) specifying of form of business of the legal entity;
4) data on state registration of the legal entity or the individual entrepreneur (for applicants of the Republic of Kazakhstan);
5) name, surname, middle name (if it is available) or the name of the representative, including patent agent if that is appointed, and also the address for correspondence, including the postal index, phone number, number of the fax and the e-mail address (if they are available);
6) date, giving country code according to the standard of the ST.3 World Intellectual Property Organization (WIPO) and requisition number on which the conventional priority according to Item 2 of article 10 of the Law is asked;
7) start date of open display of object of exhibiting at officially acknowledged international exhibition with the designation declared as the trademark if the exhibition priority according to Item 3 of article 10 of the Law is asked;
8) the declared designation which is placed on the form in the place designated by square;
9) specifying on the fact that protection of the trademark in standard font execution is asked if the designation executed by regular font is declared;
10) transliteration, transfer of verbal designation if designation is provided in other language;
11) specifying on the fact that protection of the volume trademark is asked if volume designation is declared;
12) specifying on the fact that protection in color execution is asked if designation in color, with indication of color or color combination is declared;
13) the inventory and (or) services concerning which registration of the trademark is asked, grouped in classes MKTU, designated by the exact terms allowing to identify goods (services);
14) data on effected payment;
15) specifying on the available earlier registration in the Republic of Kazakhstan (if they are available);
16) specifying on the fact that giving on registration of the declared designation does not violate copyright of the third parties;
17) signature of the applicant, or his patent agent.
The request is signed:
the authorized officer, if the application is submitted on behalf of the legal entity with indication of position, surname and initials of signatory person;
the applicant, if the application is submitted by the individual entrepreneur;
the patent agent, if the application is submitted through the patent agent.
The request can be submitted in the form provided by the Madrid agreement which participant is the Republic of Kazakhstan.
The registered request is not subject to return.
6. Are applied to the request:
1) request for conducting examination and registration of designation as the trademark (service mark);
2) fifteen reproductions of the declared designation. The declared designation is represented format of 8х8 cm. Labels and special types of trademarks can be represented to complete size if they do not exceed the sizes of 20х20 cm. In case of exceeding of the specified sizes the image is submitted in a reduced form.
The image shall be accurate, contrast, suitable for reproduction.
The image of the designation declared on registration is submitted in that color or color combination in which registration of the trademark is asked. Specifying of flowers or color combinations shall be made in the request, images are in color represented in addition, but no later than one month from the date of application.
If protection of the volume trademark, except the image of general view is asked, images of different types of the volume trademark in the foreshortenings providing completeness of idea of the declared designation are represented.
If protection of the sound trademark is asked, its musical notation and soundtrack are applied to the request. If on registration part of the piece of music is declared, specifying of his author and the name is necessary;
3) the description of the declared designation (if the applicant considers necessary to explain its semantic value) containing characteristics of the declared designation and specifying on constituent elements, semantic value of designation in general and/or its elements.
The description serves for the explanation of being of the declared designation, its identification;
4) the document confirming application payment. Payment is made in case of application or within two months from receipt date of the request. In case of non-presentation of documents on payment at the scheduled time, the request is recognized not given;
5) the usage agreement of the collective trademark members of association of consolidation according to Item 2 of article 8 of the Law if the application for registration of the collective trademark is submitted. The agreement shall contain the name of consolidation, the list of the companies having right to use the trademark with indication of their location, the purpose of registration of the collective trademark, the list and single quality or other general characteristics of goods (services) concerning which the collective trademark, conditions of its use and procedure for control of its use is registered;
6) the power of attorney, in case of business management on registration of the trademark with authorized body or the expert organization through the representative. The power of attorney is submitted along with the request or in the course of clerical work and joins documents of the request.
In case of appointment of the representative before application, the power of attorney on it is submitted no later than two months from receipt date of the request in the expert organization;
7) the verified copy of the first request if the conventional priority, and its transfer on state or Russian is asked. The copy is submitted no later than three months from receipt date of the conventional request in the expert organization.
The request for establishment of conventional or exhibition priority is represented in case of application for the trademark or within two months from receipt date of the request in the expert organization;
8) the authenticated document confirming legitimacy of purchase of exhibition priority with indication of the international status of exhibition, time and the place of its carrying out, object of exhibiting with the designation declared as the trademark if the exhibition priority is asked.
The document is declared by administration or the organizing committee of exhibition and it is represented no later than two months from receipt date of the request in the expert organization.
The document shall contain data on time and the place of its carrying out, the name of object of exhibiting with the designation declared as the trademark and to confirm the international status of exhibition;
9) permission of the relevant competent authority to use in the trademark of elements state simvolikigerb, flags and emblems; the reduced and full names of international intergovernmental organizations; official, control, warranty, and assay brands, seals, awards and other distinctions;
10) the copy of the certificate on state registration of the legal entity or the individual entrepreneur (for applicants of the Republic of Kazakhstan);
11) the copy of the certificate on registration of mass media if on registration as the trademark the name of the periodic printing edition is declared (for applicants of the Republic of Kazakhstan).
The documents specified in this Item of the Instruction and also transfer of the request on state or Russian are represented no later than two months from receipt date of the request to the expert organization. In case of non-presentation of the relevant documents in the specified terms the request is considered not given and the clerical work according to it is not recovered.
The verified copy of the first request according to the subitem 7) of this Item, and also the document confirming legitimacy of purchase of exhibition priority according to the subitem 8) of this Item are represented no later than three months from receipt date of the request to the expert organization.
7. During preliminary expert examination completeness and compliance of the submitted requisitioning instruments and data containing in them, to the requirements established this Instruction is determined. Check of payment of application is made according to the subitem 4) of Item 6 of this Instruction. Check and adjustment of the list of goods and services is made according to the current version of MKTU.
Preliminary expert examination is carried out within two months from the date of receipt of the request in the expert organization. In case of sending an inquiry to the applicant this term is prolonged. In case of receipt of the request on fax connection the term of conducting preliminary expert examination is estimated from receipt date of the original of the request.
By results of preliminary expert examination within ten days from the moment of its completion the applicant is notified on adoption of the request to consideration or on refusal in adoption of the request to consideration.
8. The notification on adoption of the request to consideration goes in case of full compliance of the request to the requirements established in Section 2 of this Instruction and contains the following data:
requisition number and date of its giving;
name or name of the applicant;
the image of the declared designation;
specifying of classes MKTU;
priority date, for requests with purchase of conventional priority - number of the first request, date of its giving and country code of giving according to the VOIS ST.3 standard.
9. Date of application for registration of the trademark is established on receipt date of the statement for registration of the trademark with indication of name/name and the address of the applicant, the list of goods and services and the image declared on registration or by date of giving of the last of them if they were not given at the same time.
10. If at stage of preliminary expert examination it is revealed that the request is drawn up with violation of the requirements to its documents established by this Instruction, to the applicant the inquiry with indication of violations and the offer to submit the lacking or corrected documents and/or data within three months from the date of sending an inquiry is sent.
11. Reply to the request of examination is represented no later than three months from the date of its direction. This term can be prolonged at the request of the applicant no more, than for six months on condition of the corresponding payment. If necessary to the applicant the repeated inquiry is sent. Preliminary expert examination of the request stops before receipt of reply to the request.
In case of timely submission of the requested documents and (or) data meeting requirements of examination, to the applicant the notification on adoption of the request to consideration with establishment of date of application goes.
12. In the absence of reply to the request of examination and violation by the applicant of fixed term of submission of the answer, the request is considered withdrawn what the applicant is notified after four months from the date of sending an inquiry on.
13. The notification on refusal in adoption of the request to consideration goes the expert organization to the applicant in case of absence in the request of the data and the documents attached to the request provided by this Instruction and also non-presentations within three months from the date of sending an inquiry of the document confirming timely payment of application and the power of attorney - in case of record keeping through the representative.
14. Complete examination of the declared designation is performed upon completion of preliminary expert examination according to the requests which are taken cognizance.
15. During conducting complete examination compliance of materials of the request to requirements imposed to content and execution of the request and the documents attached to it provided in Item 6 of this Instruction, except for documents which verification is performed during conducting preliminary expert examination is checked.
Complete examination is carried out within twelve months from the date of application. In case of the direction to the applicant of request examination of the request stops before receipt of reply to the request.
If during examination of the declared designation the designation identical or mixing, similar to degree, with declared and having earlier priority comes to light, the clerical work according to the request stops before decision according to the request with earlier priority.
By results of complete examination by the expert organization the expert opinion on registration of the trademark or on refusal in registration is taken out.
If as a result of examination it is determined that designation does not correspond to one of the requirements established by Articles 6 - 7 Laws, the expert organization takes out the expert opinion on refusal in registration of the trademark.
Based on the expert opinion the authorized body from the date of completion of complete examination makes in a month the decision on registration or on refusal in registration of the declared designation as the trademark.
16. In case of establishment of discrepancy of the declared designation to requirements, the established Articles 6 - 7 Laws, the expert organization are taken out the expert opinion on registration of the trademark.
If the declared designation conforms to the established requirements regarding provided in the inventory, the conclusion about registration of the trademark in this part of goods is taken out.
If the trademark contains the designations specified in Item 1 of article 6 of the Law, and they do not hold in it dominant position, the conclusion is taken out with indication of elements to which independent legal protection - with disklamation is not provided.
The expert opinion on possibility of registration of the trademark contains the following data:
the designation registered as the trademark;
the name or name, surname and middle name (if it is available) the owner of the trademark, country code according to the VOIS ST.3 standard;
requisition number;
date of giving;
date of conventional priority, and also number, date and country code of application based on which it is established if the conventional priority is asked;
date of exhibition priority if the exhibition priority is asked;
the list of goods and services, grouped in classes MKTU;
the elements excluded from protection;
specifying on the fact that the trademark is collective if the collective trademark is registered;
specifying of color or color combination if the trademark is registered in color.
17. The objection on the negative conclusion of the expert organization is accepted within three months from the date of its direction in case of submission of the document confirming the corresponding payment. The term of representation of objection is prolonged at the request of the applicant no more than for six months.
18. After consideration of objection on the negative conclusion of the expert organization, the authorized body passes the decision on registration or on refusal in registration of the trademark.
19. The conclusion about refusal in registration of the trademark is taken out if the arguments given by the applicant in objection are not reason for satisfaction of objection.
20. Check on the absolute bases, excluding registration of the trademark is performed based on provisions of article 6 of the Law.
One of the bases for refusal in registration of the trademark is lack of distinctive capability of designation.
The distinctive capability is inherent in the signs which do not have direct descriptive and/or associative link with goods or services for which designation they are used.
Lack of distinctive capability is established if:
1) designation does not represent complete graphical representation;
2) the designation which does not have verbal nature consists of combination less than three separate units of language (letters and/or figures);
3) designation is the naturalistic or schematic image of goods concerning which protection is asked;
4) designation represents three-dimensional object which form is caused by exclusively functional purpose;
5) designation is the commonly accepted symbol or the term in relation to the declared goods and/or services;
6) designation is description of goods, specifies sort, type, quality, quantity, property of appointment, goods value, and also the place and time of its production;
7) designation represents the international not patented name of medicine.
Have no distinctive capability of designation, having laudatory character.
Difficult and compound artificially educated words have no distinctive capability if each of parts has no distinctive capability, and artificial word formation did not acquire additional semantic loading.
The designations specified in this Item can be included in the trademark as unprotected elements if they, proceeding from their semantic and space value, do not hold in it dominant position.
If they hold dominant position in designation, the conclusion about impossibility of registration of the trademark is drawn.
21. Or capable to mislead the consumer concerning goods or his manufacturer the designations generating idea of certain goods quality, his manufacturer or the place of origin in consciousness of the consumer which are not true are recognized false.
Designation is recognized false or misleading if or misleading one of its elements is false.
22. The geographical names or signs including geographical names capable to mislead the consumer concerning the location of the applicant and if registration of the name addressed to one owner infringes at the third party rights are not registered as trademarks.
The designations consisting only of geographical names which are perceived as instructions on production site or sale of goods and finding of the manufacturer are not registered.
If the geographical name is perceived as specifying on production site of goods and is part of the declared designation, registration is made with indication of it as unprotected element.
If on registration the little-known geographical name specifying production site or sale of goods and finding of the producer is declared, but sources of information do not contain the information about him, legal protection is provided to this geographical name.
23. The offending human dignity, national or religious feelings are recognized to the principles of humanity and morals contradicting public concerns obscene designation, inhuman nature.
If the declared designation contains one of the designations specified in Items 21 and 23 of this Instruction in quality of its elements or consists only of the designations specified in subitems 1) of 13) of article 6 of the Law, examination draws conclusion about impossibility of its registration as the trademark.
The designations specified in Item 2 of article 6 of the Law are used in the trademark as unprotected elements with the consent of the relevant competent authorities or owners if do not hold in it dominant position.
24. Check of designation on identity and similarity to owners of earlier rights to intellectual property items is performed based on Items 1-2 of article 7 of the Law.
The designations matching in all elements are recognized identical.
25. Expertize is carried out on search results on novelty.
Search is performed:
among the trademarks which are earlier registered in the Republic of Kazakhstan and declared on registration as trademarks of the designations having earlier priority;
among well-known trademarks;
among the names of places of goods origin which are earlier registered and declared before priority date on registration;
among the industrial designs which are earlier registered or declared on registration in the expert organization addressed to the third parties having earlier priority.
By search the trademarks of the third parties protected in Kazakhstan without registration owing to international treaties are considered.
26. When checking on identity and similarity the following actions are performed:
search of identical and similar designations is carried out;
degree of the similarity declared and the revealed designations is determined;
uniformity of the declared goods to goods concerning which are registered is determined the revealed identical or similar designations (are declared).
At the same time trademarks according to which the year from the date of cancellation of registration according to article 17 of the Law did not expire are taken into account, and also trademarks to which it is refused registration and term of contest of the decision did not expire.
1) the Combined designations are researched regarding similarity to the combined designations in general and with types of designations which are part of the combined designations.
2) Similarity of verbal designations is determined by comparison:
with verbal designations;
with the combined designations which part verbal elements are.
Similarity of verbal designations is determined in respect of their phonetics (sound similarity), graphics (visual similarity) and semantics (similarity by sense).
3) Sound (phonetic) similarity is determined based on such signs as:
quantity of syllables;
availability of relatives on sounding and coincident letters and sounds;
proximity of the sounds constituting designation;
availability of coincident syllables and their arrangement;
the place of coincident sound combinations as a part of designations;
proximity of structure of vowels;
proximity of structure of concordants;
nature of coincident parts of designations;
entry of one designation into another;
accent and others.
These characteristics can be considered separately and in different combinations depending on their determining value during creation of sound image and in case of perception by the consumer.
4) Graphical (visual) similarity of verbal designations is determined on the basis:
general visual impression;
font type;
writing method, including arrangement of letters and alphabet;
color and color combination.
Search is performed among the verbal and graphic symbols having verbal nature.
5) Semantic (semantic) similarity is determined taking into account perception of the trademark by the Kazakhstan consumer by criteria:
coincidence of concepts, ideas;
contrast of concepts, ideas.
Coincidence of one of elements of designations on which the logical accent falls and which has independent value is considered.
6) Similarity of graphic and volume designations is determined based on signs:
external form;
availability or lack of symmetry;
type and nature of images;
color combination.
27. Color and color combination are not the single signs of the trademark, and are considered as its essential additional signs.
28. Establishment of uniformity of goods is performed for the purpose of determination of possibility at the consumer of idea of accessory of these goods to one producer.
Homogeneous goods are the goods performing one function, relating to one sort (type) which when marking by their identical or similar signs can cause in the consumer idea of accessory them to one producer.
Uniformity of goods is determined based on signs: sort (type), appointment, sales terms, circle of consumers.
In case of determination of uniformity of goods comparison of the inventory, containing in the request, with the inventory concerning which identical or similar trademarks are registered or declared is carried out.
Goods cannot be regarded as similar on the ground that they are carried to one class MKTU, and belonging to different classes is not the proof of their heterogeneity.
Registration of the designation of homogeneous goods similar to extent of mixing to the trademark specified in the subitem 1) of article 7 of the Law is allowed with the consent of the owner.
29. During conducting examination to the applicant the inquiry for the purpose of determination can be sent whether the declared designation or its elements is reproduction:
names known in the Republic of Kazakhstan for date of application of literary works, sciences and arts, the known works of art and their fragments in copyright violation acquired earlier;
surnames, names, pseudonyms and derivative of them, also portraits and the facsimile in defiance of the personal non-property rights of these persons and if these designations are property of history and culture of the Republic of Kazakhstan.
In the absence of reply to the request examination draws conclusion about impossibility of registration of the declared designation as the trademark.
Check of designation on compliance to requirements of subitems 3) of 4) of Item 2 of article 7 of the Law is performed proceeding from amount of the data which are public at the time of conducting examination.
30. Objects of copyright and related rights, names, surnames, pseudonyms, portraits, well-known persons and other designations are used in trademarks from written consent of these persons or their legal successors.
If these designations are property of history and culture of Kazakhstan, permission of competent authority to their use as the trademark is obligatory.
Lack of violation of the personal non-property rights when using as the trademark of surname is, mentioning of the last in the phonebook more than 20 times.
31. The designations reproducing industrial designs cannot be registered as trademarks if they have protection in the Republic of Kazakhstan as industrial designs addressed to the third parties, or on behalf of the third party the similar application for industrial design with earlier priority is submitted to the expert organization.
Search is carried out on fund of the industrial designs declared and registered in the Republic of Kazakhstan.
32. The designations identical or mixing, similar to degree, with the names of places of goods origin registered in Kazakhstan addressed to the third parties are not registered concerning any classes of goods. Search is performed on fund of the names of places of goods origin registered in the Republic of Kazakhstan.
33. The certification marks, marks of conformity to quality registered in accordance with the established procedure are not subject to registration as trademarks.
34. Check of payment of the corresponding actions is performed at stages of preliminary and complete examination in the way:
verification of presence and validity of the document confirming payment;
checks of payment amount and payment due dates;
checks of correctness of details in the document confirming payment.
The document confirming payment for conducting complete examination is submitted no later than two months from the date of the direction of the notification on adoption of the request to consideration.
In the absence of at the scheduled time document confirming payment, the request is considered withdrawn what the applicant is notified in writing on.
In case of detection of insufficiency of the amount paid for application, to the applicant the inquiry with the offer to make additional payment is sent.
The document confirming payment for preparation for issue of the certificate on the trademark and the publication of data on issue of the certificate is submitted within three months from the date of the direction of the notification on issue of the certificate. On condition of the corresponding payment the term passed by the applicant can be recovered, but no more, than for six months.
35. Based on the decision on registration of the trademark, in case of confirmation of the corresponding payment for preparation for issue of the certificate and payment of the state fee, the trademark is registered the expert organization in the State register of trademarks of the Republic of Kazakhstan (further - the State register) with assignment to it sequence number (further - number of registration) and specifying of date of introduction of data (further - registration date).
In case of registration of the trademark the following data are entered in the State register:
number of registration of the trademark (certificate number);
registration date of the trademark;
image of the trademark;
MKTU index;
the name or name, surname, middle name (if it is available) the owner and specifying of its residence or the location;
number and date of application in the expert organization;
the list of goods and services concerning which the trademark is registered;
the country, number and date of submission of the first request if the conventional priority is established;
the address for correspondence;
information about the representative (about the patent agent);
date of the publication of data on issue of the certificate and number of the statement;
other data relating to registration of the trademark.
Introduction of the specified data is followed by putting down before them the corresponding code ENID (according to the standard of World Intellectual Property Organization - VOIS) and is used in case of the publication. The country code is put down according to the conforming VOIS standard.
36. The expert organization enters in the State register data on subsequent changes and amendments of legal status of registration of the trademark based on decisions of authorized body, appeal council, judicial authorities and petitions (statements) of owners (their legal successors or representatives):
about the registered agreement on transfer of the right to the protected trademark;
about the registered license agreement about provision of the right to use the trademark;
about recognition of registration of the trademark invalid fully or partially;
about provision of the right to the open license;
about the termination of effective period of registration of the trademark;
about cancellation of registration of the trademark at the initiative of the owner;
about prolongation of effective period of registration of the trademark;
about change of the name of the owner in connection with its reorganization (legal succession) and/or about address modification of its location;
about change of surname, name and middle name (if it is available) the owner and/or about address modification of residence;
about address modification for correspondence;
about correction of plain and technical errors, and also about other changes concerning registration of the trademark.
37. According to article 3 of the Law the authorized body makes issue of the certificate on the trademark. The certificate is filled in in the state and Russian languages and goes the registered mail to legal address of the location or residence of the owner or to the representative (patent agent) according to the power of attorney issued to it, or at request (in writing) to other address specified by the applicant (owner). In case of change of the specified addresses the applicant before issue of the certificate notifies on it authorized body or the expert organization.
About subsequent changes (including data on the registered agreements), the amendments, amendments or corrections concerning registration of the trademark and about prolongation of action of registration of the trademark after their entry in the State register, the authorized body issues Appendix to the certificate which is integral part of the certificate. Appendix is filled in the state and Russian languages.
38. In case of reduction in worthlessness of the original of the certificate the duplicate of the certificate on the trademark according to the petition (statement) of the owner of the certificate, his legal successor, authorized representative (patent agent) by proxy of the owner (legal successor) is issued. The document confirming payment for preparation for issue of the duplicate of the certificate according to the established rates is attached to the petition (statement). In case of non-presentation of the document on payment, the petition (statement) is considered not given.
In case of loss of the original of the certificate the document confirming loss, namely the message from mass media or other source in which it is said that this certificate is considered invalid is attached to the petition.
The duplicate of the certificate is issued in the presence of record about registration of the trademark in the State register of trademarks of the Republic of Kazakhstan.
The duplicate on structure of the data specified in it corresponds to the original of the certificate, has legal force, identical with it, and is issued in the corresponding form of the certificate with stamp prostanovka "The duplicate is issued by Committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan". In case of issue of the duplicate, the original of the certificate is considered not having legal force from the date of the publication of data on issue of the duplicate.
The expert organization publishes data on issue of the certificate and the duplicate of the certificate in the statement.
39. Modification of the State register and of the certificate.
Changes are made to the name and/or to the location address of the owner - the legal entity, about change of surname, name (and middle names if it is available) the owner - physical person and/or to the address the residence of the owner.
Changes are made by submission of the petition for introduction of corresponding changes with indication of certificate number, the official name of the legal entity, surname, name and middle name, (if it is available), residential addresses and/or the place of residence. The petition is signed by the owner or his patent agent by proxy.
In case of modification of the name of the owner owing to reorganization and/or liquidation of the legal entity the petition is signed and moves according to the legislation of the Republic of Kazakhstan. At the same time the concerned party submits the documents confirming changes (by reorganization), and/or the liquidations of the legal entity and lack of transfer, the appropriate rights proving the fact.
The official documents submitted by representatives of the foreign applicant (owner) make sure by putting down of apostille of the respective country.
The document confirming the corresponding payment for modification is attached to the petition.
If there are no documents or the submitted documents do not conform to the established requirements, it is offered to the owner within two months from the date of the direction of the notification them to provide.
In case of non-presentation of required documents and the document confirming the corresponding payment at the scheduled time the petition is considered not given, modification is not made what the owner of the trademark is notified on.
Modification in case of transition of the right to the trademark to the other person (except transfer of the right to the trademark) is made according to the petition of the legal successor of the trademark with indication of certificate number and with appendix of the document confirming payment. In the petition the information about the legal successor is specified and verified copies of the documents confirming transition of the right to the trademark are attached.
Modification in case of transfer of the right to the trademark is made according to the legislation of the Republic of Kazakhstan.
40. Error correction in contents of the request or the document submitted by the owner of the trademark reflected in the State register in the certificate and/or data published in the bulletin is made according to the petition of the owner of the trademark on condition of submission of the document confirming payment.
41. The data relating to registration of trademarks, entered in the State register, and also all subsequent changes concerning registration are published in the statement.
42. According to the petition of interested persons the expert organization provides the statement from the State register.
to the Instruction for creation, registration and consideration of the request for the trademark
Заполняется РГКП НИИС
+-------------------------------------+
¦Дата поступления¦Дата подач覹 заявки¦
+-------------------------------------+ЗАЯВКА
на регистрацию товарного знака
В Республиканское государственное
казенное предприятие "Национальный
институт интеллектуальной
собственности" Комитета по правам
интеллектуальной собственности
Министерства юстиции
Республики Казахстан
Казахстан, 010000, г. Астана,
Дом Министерств пятно 5, Блок В
Казахстан, 480002, г. Алматы,
ул. Абдуллиных, 6, корп. 1
Настоящим испрашивается регистрация представленного обозначения в
качестве товарного знака (знака обслуживания) в Республике Казахстан.
_
|_| Коллективный товарный знак
_____________________________________________________________________
Полное наименование заявителя с указанием |Код страны
организационно-правовой формы (или фамилия, имя, |по стандарту
отчество, если заявитель - физическое лицо)* |ВОИС St. 3
|(если он установлен)
_________________________________________________|____________________
_________________________________________________|____________________
Сведения о государственной регистрации юридического лица
или индивидуального предпринимателя (для заявителей
Республики Казахстан)
______________________________________________________________________
Адрес заявителя**, телефон, телефакс, E-mail
______________________________________________________________________
Патентный поверенный или иной представитель
______________________________________________________________________
Адрес для переписки (полный почтовый адрес с указанием адресата),
телефон, телефакс, E-mail
______________________________________________________________________
_
|_| Испрашивается конвенционный приоритет по ранее поданной заявке
(заявкам)
______________________________________________________________________
Номер первой заявки | Дата испрашиваемого | Код страны
| приоритета | подачи по ST.3
_______________________|______________________|_______________________
_
|_| Испрашивается выставочный приоритет Дата начала открытого показа
Заявляемое обозначение:
_________________________________
| | _
| | |_| Товарный знак в стандартном
| | шрифтовом исполнении
| | _
| | |_| Транслитерация
| | _
| | |_| Перевод
| | _
| | |_| Товарный знак объемный
| | _
| | |_| Товарный знак в цветовом
| | исполнении
| | _
| | |_| Указание цветов
| |
| |
| |
|_________________________________|
______________________________________________________________________
* Заполняется на казахском и русском языках для заявителей Республики
Казахстан;
латинскими буквами и в казахской (или русской) транслитерации для
иностранных заявителей
_
** латинскими буквами для иностранных заявителей нужное отметить |v|
Товары и услуги, для которых испрашивается охрана товарного знака,
сгруппированные по классам МКТУ
Заявляемое обозначение имеет более раннюю регистрацию в Казахстане.
N регистрации ________________
______________________________________________________________________
Перечень прилагаемых документов:
_
|_| Документ, подтверждающий гос. регистрацию индивидуального
предпринимателя в Республике Казахстан
_
|_| Изображения заявляемого обозначения: черно-белые в
количестве ______, цветные в количестве _____
_
|_| Описание обозначения
_
|_| Перечень товаров/услуг (если он не поместился на бланке)
_
|_| Перечень заявителей (если их несколько)
_
|_| Документ об оплате: cчет/платежное поручение
N ____от______________
_
|_| Доверенность
_
|_| Заверенная копия ранее поданной заявки(-ок)
_
|_| Перевод копии ранее поданной заявки
_
|_| Соглашение о коллективном знаке
_
|_| Другие документы (указать), в т.ч. отмеченные в п._______
Всего листов_______________________________
______________________________________________________________________
Настоящим подтверждаю, что подача на регистрацию заявляемого
обозначения не нарушает права интеллектуальной собственности других
лиц.
Подпись
МП
Дата
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The document ceased to be valid according to the Order of the deputy. The Minister of Justice of the Republic of Kazakhstan of April 23, 2010 No. 136