What is a trademark and service mark?
What designations can be registered as trademarks?
How to register a trademark?
What documents must be submitted for trademark registration?
What are the requirements for the claimed designation?
What are the requirements for the description of the claimed designation?
What are the ways to apply for trademark registration?
Who can apply for trademark registration?
What is the procedure for considering a trademark application in the RSE "NIIР"?
What are the terms of examination of a trademark?
What is the validity period of the exclusive trademark right?

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1. What is a trademark and service mark?

In accordance with paragraph 8 of Article 1 of the Law of the Republic of Kazakhstan dated July 26, 1999 N456 "On Trademarks, Service Marks and Appellations of Origin of Goods" (hereinafter referred to as the Law), a trademark, service mark (hereinafter referred to as a trademark) is a designation registered in accordance with this Law or protected without registration by virtue of international treaties in which the Republic of Kazakhstan participates, serving to distinguish goods (services) of some legal entities or individuals from similar goods (services) of other legal entities or individuals.

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2. What designations can be registered as trademarks?

According to Article 5 of the Law, pictorial, verbal, alphabetic, numeric, three-dimensional and other designations or combinations thereof may be registered as a trademark, allowing distinguishing goods and services of some persons from similar goods or services of other persons. A trademark can be registered in any color or color combination. The grounds excluding the registration of a trademark and the grounds for refusal to register a trademark are specified in Articles 6, 7 of the Law.

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3. How to register a trademark?

To register a trademark, it is necessary to file an application and submit it to the National Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan.

The requirements for a trademark registration application are listed in article 9 of the Law.

The examination of the application is carried out by RSE "NIIР" in stages: preliminary examination and full examination (the terms of examination are established by Article 11 of the Law).

According to paragraph 1 of Article 12 of the Law, according to the results of the preliminary examination, the applicant is informed about the acceptance of the application or about the refusal to accept the application for consideration in the form of a reasoned conclusion.

According to paragraph 3 of Article 12 of the Law, the decision on registration or partial registration of a trademark before its entry into the State Register of Trademarks may be reviewed in connection with the identification of an application with an earlier priority.

The fact of registration of a trademark is confirmed by an extract from the State Register of Trademarks (paragraph 2 of Article 14 of the Law).

Payment for legally significant actions related to trademark registration is established by the "Prices for works and services sold by the Republican State Enterprise on the right of economic management "National Institute of Intellectual Property" of the Ministry of Justice of the Republic of Kazakhstan", approved by the order of the Director of the RSE "NIIР" of the Ministry of Justice of the Republic of Kazakhstan dated December 23, 2020 No. 254 ңқ.

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4. What documents must be submitted for trademark registration?

The requirements for the trademark registration application are established by Article 9 of the Law.

1. The application must relate to one trademark.

2. The application must be submitted on a standard form and contain: 1) a request for an examination of the designation indicating the applicant, as well as his location or residence; 2) the claimed designation; 3) a list of goods and (or) services in accordance with the International Classification of Goods and Services.

3. The application must be accompanied by: 1) a document confirming payment for the services of an expert organization for the examination (at the same time for preliminary and full examination). The amount of payment is established in accordance with the legislation of the Republic of Kazakhstan; 2) power of attorney, in case of record keeping through a representative; 3) the charter of a collective trademark (in case of filing an application for a collective trademark), including the name of the organization authorized to register a collective trademark in its name, the purpose of registration of this mark, the list of entities entitled to use this mark, the list and uniform qualities or other characteristics of goods and services that will be designated by a collective trademark, the conditions of its use, the procedure for monitoring its use, liability for violation of the provisions of the charter of a collective trademark.

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5. What are the requirements for the claimed designation?

According to paragraph 4 of Chapter 2 of the Rules for the Examination of Applications for Selection Achievements, objects of industrial property, trademarks and Appellations of Origin of goods, registration of topologies of integrated circuits,.the trademark is served in any color or color combination.

Verbal designations include words; combinations of letters that have a verbal character; phrases; sentences; other units of the language, as well as their combinations.

Letter designations include letters and combinations of letters, abbreviations that do not have a verbal character.

The numeric designations include Arabic, Roman numerals and their combinations.

Pictorial designations include graphic images on a plane, in particular, images of various living beings, objects, other objects, figures, artistically executed font elements, as well as various compositions of the above-mentioned elements.

Volumetric designations include three-dimensional objects whose shape is original.

Combined designations include combinations of various verbal, alphabetic, numeric, pictorial, three-dimensional elements.

Other designations provided for in Article 5 of the Law include holographic, sound and olfactory designations.

The claimed designation is represented by the format 8x8 cm . On paper, the designation is submitted in the amount of three copies.

If the application is submitted through the portal in the form of an electronic document, the image of the claimed designation is presented in a format that allows it to be printed in compliance with the established dimensions.

The image is presented clear, contrasting, suitable for reproduction by means of copying equipment.

The designations for trademark registration are presented in the color or color combination in which trademark registration is requested.

Labels and special types of trademarks may be presented in full size if they do not exceed the dimensions of 20x20 centimeters. If the specified dimensions are exceeded, the image is presented in a reduced form. On paper, labels are served in the amount of three copies.

If the protection of a three-dimensional trademark is requested, in addition to the image of the general appearance of this designation (schematic, photographic or made in a graphic editor using computer technology), images of various types of three-dimensional trademark are presented in angles that provide a complete picture of the claimed designation and (or) its verbal description.

If protection of a holographic trademark is requested, then several images are attached to the application that clearly reveal the holographic effect as a whole (observed reflections of images, changes in brightness and contrast), holographic designations from various directions, in particular, perpendicular and at an angle above and below the perpendicular direction.

If the image of objects changes in the holographic designation, then an image of each object is presented.

If the protection of a sound trademark is requested, its musical notation and a phonogram on a digital medium are attached to the application. If a part of a musical work is claimed for registration, it is necessary to indicate the name of the work and its author, as well as documents confirming the author's consent to the use of his intellectual property.

If protection of an olfactory trademark is requested, a description of the composition of the substance, the formula of the chemical compound and other information characterizing the source of the odor, as well as a sample of the claimed designation, is provided.

Those designations that cannot be reproduced in the application form are attached as an appendix.

If registration of a changing sign is requested, then a designation consisting of one or a number of fixed or changing images reflecting the change is attached to the application.

If the presented image or images do not show the change, additional images and (or) its verbal description explaining the change are presented.

If registration of a color mark is requested, a designation representing the actual color or a combination of colors without outlined contours is provided, the image of such a sign must consist of a sample of color or colors.

If registration of a position mark is requested, then an image of such a sign is attached to the application, which must consist of one type of sign showing its location on the product.

If necessary, an indication of the object in respect of which protection is not requested and a description explaining the location of the mark in relation to the goods are provided. The unguarded part of the image is executed with dotted lines.

If registration of a light sign is requested, then a general type of designation and a description of the sequence and duration of the glow of signals and/or light symbols, indicating their characteristics, are attached to the application.

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6. What are the requirements for the description of the claimed designation?

The description of the claimed designation is submitted with the content of the characteristics of all the elements contained in the claimed designation, their semantic meaning, as well as the method of formation of fictional words that have no semantic meaning.

The description serves to explain the essence of the claimed designation and its identification.

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7. What are the ways to apply for trademark registration?

1.Through your personal account on the newcab website.kazpatent.kz

2. Through the portal of the electronic government of the Republic of Kazakhstan - www.egov.kz .

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8. Who can apply for trademark registration?

The application is submitted by the applicant or his representative.

1. The applicant is a legal entity or an individual who has submitted an application for registration of a trademark (paragraph 5) of Article 1 of the Law).

2. The applicant's representative is a patent attorney or other representative acting on the basis of a power of attorney issued in accordance with the requirements of Article 167 of the Civil Code of the Republic of Kazakhstan.

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9. What is the procedure for considering a trademark application in the RSE "NIIР"?

In accordance with Article 11 of the Law of the Republic of Kazakhstan "On Trademarks, Service Marks and Appellations of Origin of goods", the examination of the application is carried out in stages:

1) preliminary examination – within ten working days from the date of filing the application;

2) full examination – within seven months from the date of filing the application.

At any stage of the examination, the expert organization has the right to request additional or clarifying information, without which the examination is impossible.

In cases of failure by the applicant to provide the requested information during the examination period and (or) the absence of a request to extend this period, the application is considered withdrawn.

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10. What are the terms of trademark examination?

Terms of examination:

preliminary examination – within ten working days from the date of submission of the application;
full examination – within seven months from the date of submission of the application.

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11. What is the term of the exclusive right to a trademark?

According to article 15 of the Law, the registration of a trademark is valid for ten years from the date of filing the application. The validity period of the trademark registration is extended each time for ten years at the request of the owner, filed during the last year of its validity.

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Examples of marks registered as trademarks