Article 1. The basic concepts used in this Law Chapter 1. General provisions on trademarks, service marks, geographical indications and names of places of origin of goods

Home / RLA / Article 1. The basic concepts used in this Law Chapter 1. General provisions on trademarks, service marks, geographical indications and names of places of origin of goods

The following basic concepts are used in this Law:

1) exclusive right is the property right of the owner to use the trademark or appellation of origin in any way at his discretion.;

1-1) confusingly similar signs are similar signs or designations that have differences in individual elements and are associatively perceived by the consumer as identical;

1-2) identical trademarks are marks or designations that match in all their elements.;

1-3) homogeneous goods or services – goods or services performing the same function, belonging to the same genus (type), which, when using identical or similar marks on goods, may cause the consumer to believe that they belong to the same manufacturer.;

2) bulletin – an official periodical on the protection of trademarks and names of places of origin of goods;

3) geographical indication – a designation identifying a product originating from the territory of a geographical object, a certain quality, reputation or other characteristics of which are largely related to its geographical origin. At least one of the stages of product production should be carried out on the territory of this geographical object, which has a significant impact on the formation of its characteristics.;

4) well–known trademark - a designation used as a trademark, or a trademark recognized as well-known by a decision of an authorized body based on evidence from interested parties;

4-1) Madrid Agreement – the Madrid Agreement on the International Registration of Marks of April 14, 1891;

4-2) Protocol to the Madrid Agreement – Protocol to the Madrid Agreement on the International Registration of Marks of June 28, 1989;

5) the applicant is a legal entity or an individual who has submitted an application for trademark registration or registration and granting the right to use a geographical indication and an appellation of origin.;

6) patent attorneys are citizens of the Republic of Kazakhstan who, in accordance with the legislation of the Republic of Kazakhstan, are granted the right to represent individuals and legal entities before an authorized body and an expert organization.;

6-1) Singapore Treaty – Singapore Treaty on Trademark Laws dated March 27, 2006;

7) International Classification of Goods and Services – the classification adopted by the Nice Agreement of June 15, 1957, with subsequent amendments and additions;

8) trademark, service mark (hereinafter referred to as trademark) is a designation registered in accordance with this Law or protected without registration by virtue of international treaties to which the Republic of Kazakhstan participates, which serves to distinguish the goods (services) of some legal entities or individuals from similar goods (services) of other legal entities or individuals.;

9) use of a trademark, geographical indication and appellation of origin – placement of a trademark, geographical indication and appellation of origin on goods and services in respect of which they are protected, on their packaging, manufacture, application, import, storage, offer for sale, sale of goods with the trademark designation, geographical indication and designation of the place of origin of goods, use in signage, advertising, printed products or other business documentation, as well as their other introduction into circulation;

10) the owner (rightholder) of a trademark or the owner of the right to use a geographical indication and an appellation of origin is a natural or legal person who has the exclusive right to a trademark or the exclusive right to use a geographical indication and an appellation of origin in accordance with this Law.;

11) appellation of origin – a designation that represents or contains a modern or historical, official or unofficial, full or abbreviated name of a country, locality, locality or other geographical feature, including such a name or a derivative of such a name and has become known as a result of its use in relation to goods whose special properties are exclusively or They are mainly determined by the natural conditions and (or) human factors characteristic of a given geographical feature. All stages of product production that have a significant impact on the formation of special properties of the product should be carried out on the territory of this geographical object.;

12) a collective trademark is a trademark of an association (union) or other association of legal entities and (or) individual entrepreneurs (hereinafter referred to as the association), which serves to designate goods (services) produced or sold by them that have common qualitative or other characteristics.

The Law of the Republic of Kazakhstan dated July 26, 1999 No. 456.

This Law regulates relations arising in connection with the registration, legal protection and use of trademarks, service marks, geographical indications and names of places of origin of goods in the Republic of Kazakhstan.

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Republic of Kazakhstan

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