Article 7. Other grounds for refusal to register a trademark On trademarks, service marks, geographical indications and names of places of origin of goods

Home / RLA / Article 7. Other grounds for refusal to register a trademark On trademarks, service marks, geographical indications and names of places of origin of goods

1. Designations that are identical or confusingly similar are not subject to registration as trademarks.:

1) with trademarks registered in the Republic of Kazakhstan and protected by virtue of international treaties with earlier priority in the name of another person in respect of similar goods or services, or with identical trademarks of the same person in respect of the same goods or services, with the exception of trademarks whose registration has been declared invalid or terminated in accordance with Chapter 6 of this Law;

2) with trademarks recognized in accordance with the established procedure and generally known in the Republic of Kazakhstan in respect of any types of goods and services;

3) with designations applied for registration with an earlier priority in the name of another person in respect of similar goods or services (except for withdrawn and discontinued ones) or with identical designations of the same person in respect of the same goods or services;

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) with the names of the places of origin of goods protected in the Republic of Kazakhstan in respect of any goods, except in cases when they may be included as an unprotected element of a trademark registered in the name of the owner of the right to use this appellation of origin, if the trademark is registered in respect of the same goods for the individualization of which the name is registered the place of origin of the goods.

Registration of a designation as a trademark in respect of similar goods or services that are confusingly similar to any of the trademarks specified in subitems 1), 2) and 3) of Part one of this paragraph is permitted subject to the written consent of the trademark owner.

If the owner is a legal entity, the written consent must be submitted on letterhead, signed by an authorized person and stamped by the legal entity (if any), and if the owner is an individual, the signature must be notarized.

2. Designations reproducing are not registered as trademarks.:

1) industrial designs protected in the Republic of Kazakhstan, in the name of other persons, subject to their earlier priority;

2) (excluded)

3) the names of works of literature, science and art known in the Republic of Kazakhstan as of the date of filing the application, well-known works of art and their fragments in violation of copyright;

4) surnames, first names, pseudonyms and derivatives thereof, portraits and facsimiles in violation of the personal non-property rights of these persons, their heirs or legal successors, as well as, if these designations are the property of the history and culture of the Republic of Kazakhstan - without the permission of the relevant competent authority.

3. The reason for refusal of registration as a trademark of a designation reproducing the heritage of the history and culture of the Republic of Kazakhstan is the lack of coordination with the authorized body in the field of culture.

4. The grounds for refusal provided for in this article shall also apply to designations applied for legal protection in the territory of the Republic of Kazakhstan as trademarks in accordance with international treaties ratified by the Republic of Kazakhstan.

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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