Appendix 4

to the order of the deputy. The Minister of Justice of the Republic of Kazakhstan of April 23, 2010 No. 136

Instruction for creation, registration and consideration of the request for registration of the trademark, service mark

1. General provisions

1. This Instruction is developed according to the Law of the Republic of Kazakhstan "About trademarks, service marks and names of places of goods origin" of July 26, 1999 (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 - 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;

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