Article 12. Decisions based on the results of the examination of the application of the Law on Trademarks, Service Marks, Geographical Indications and Names of Places of Origin of Goods

Home / RLA / Article 12. Decisions based on the results of the examination of the application of the Law on Trademarks, Service Marks, Geographical Indications and Names of Places of Origin of Goods

1. Based on the results of the preliminary examination, the applicant is notified of the acceptance of the application for consideration or the termination of office work no later than one month from the date of filing the application.

2. If the application is accepted by an expert organization, a full examination is carried out, according to the results of which an expert opinion on registration, preliminary partial registration or preliminary refusal of trademark registration is sent to the applicant.

The applicant has the right, within three months from the date of sending him a preliminary expert opinion on refusal or partial registration, to submit a reasoned objection, based on the results of which the expert organization issues a final opinion within three months from the date of receipt of the objection.

Based on the final conclusion, the expert organization makes a decision on registration, partial registration or refusal to register a trademark.

3. The decision on registration or partial registration of a trademark before its entry in the State Register of Trademarks may be reviewed in connection with the identification of an application with an earlier priority.

4. The applicant shall pay for the services of an expert organization for trademark registration within three months from the date of notification of the decision on registration or partial registration. If a document on payment for the specified service is not submitted, the trademark application is considered withdrawn and the record keeping on it is terminated.

5. In case of disagreement with the final conclusion, the applicant may file an objection with the authorized body within three months from the date of sending this conclusion to him. The objection must be considered by the appeal board within four months from the date of its receipt by the authorized body.

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.

President

Republic of Kazakhstan

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