Article 6. Absolute grounds excluding registration of a trademark On trademarks, service marks, geographical indications and names of places of origin of goods

Home / RLA / Article 6. Absolute grounds excluding registration of a trademark On trademarks, service marks, geographical indications and names of places of origin of goods

1. It is not allowed to register as trademarks designations that do not have distinguishing ability or consist only of elements:

1) generally used to designate goods (services) of a certain type;

2) being generally accepted symbols and terms;

3) indicating the type, quality, quantity, property, purpose, value of the goods, as well as the place and time of their production or sale;

3-1) representing international non-patented names of medicines;

4) excluded by the Law of the Republic of Kazakhstan dated 12.01.2012 No. 537-IV (effective after ten calendar days after its first official publication);

5) excluded by the Law of the Republic of Kazakhstan dated 12.01.2012 No. 537-IV (effective after ten calendar days after its first official publication);

6) having a direct descriptive connection with the goods or services for which they are used.;

7)-13) are excluded by the Law of the Republic of Kazakhstan dated 12.01.2012 No. 537-IV (effective after ten calendar days after its first official publication).

These designations may be used as unprotected elements of a trademark if they do not occupy a dominant position in it.

These designations may be registered as a trademark if, as of the date of filing the application, the designation has acquired a distinctive character as a result of use. Distinguishing ability refers to the characteristics of designations that make it possible to distinguish goods (services) of some individuals and (or) legal entities from similar goods (services) of other individuals and (or) legal entities.

2. Designations reproducing state coats of arms, flags and emblems, abbreviated or full names of international organizations and their coats of arms, flags and emblems, official control, warranty and assay stamps, seals, Olympic symbols, awards and other insignia, as well as designations confusingly similar to them, are not registered as trademarks.

Such designations may be used as non-protected elements if the designation does not consist solely of them and if there is consent for their use by the relevant competent authority or their owner.

3. Registration as trademarks or their elements of designations is not allowed.:

1) being false or capable of misleading about the product or its manufacturer, service or service provider, as well as names of geographical objects capable of misleading about the place of production of the product;

2) formally indicating the true place of production of the goods, but giving the erroneous idea that the goods originate from another territory;

3) representing or containing names of geographical objects identifying mineral waters, wines or spirits, to designate such goods that do not originate from this place, as well as, if a translation is used or the designation is accompanied by expressions such as "type", "type", "style" or other similar;

4) contrary in their content to the public interests, principles of humanity and morality.

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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