Article 10. Trademark priority of the Law on Trademarks, Service Marks, Geographical Indications and Appellations of Origin of Goods

Home / RLA / Article 10. Trademark priority of the Law on Trademarks, Service Marks, Geographical Indications and Appellations of Origin of Goods

1. The priority of a trademark is established by the date of filing an application with an expert organization.

2. The priority of a trademark may be established by the date of filing of the first (first) trademark application(s) in a country party to the Paris Convention for the Protection of Industrial Property, as well as in an international or regional organization provided for by it (convention priority), if the application is filed with an expert organization within six months from that date. When claiming convention priority, the applicant must indicate the number of the first application, the date and country of its filing and attach a certified copy of the first application.

3. The priority of a trademark placed on exhibits of officially recognized international exhibitions may be established by the date of the beginning of the open display of the exhibit at the exhibition (exhibition priority), if the trademark application has been submitted to an expert organization within six months from the specified date.

4. An applicant wishing to exercise the right of convention or exhibition priority must indicate this and submit the relevant documents confirming the legality of such a claim when filing an application for a trademark or within two months from the date of receipt of the application by the expert organization.

5. In case of division of the application, the priority for each of the applications is determined by the priority date of the first application.

Priority for divided applications is determined by the priority date of the initial application of the same applicant, and if there is a right to establish an earlier priority for the initial application - by the date of this priority, if on the date of filing of the divided application the initial application has not been withdrawn and is not considered withdrawn and the filing of the divided application is carried out before the decision on the initial application.

6. The multiple priority of a trademark in relation to different goods is established at the request of the applicant if there are several applications for the same designation in relation to different goods.

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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