According to the legislation of the Republic of Kazakhstan, the exclusive right is the property right of the owner to use the trademark or the name of the place of origin of the goods in any way at its discretion.
Legal protection of trademarks in the Republic of Kazakhstan is granted on the basis of their registration in accordance with the procedure established by this Law, as well as without registration by virtue of international treaties of the Republic of Kazakhstan. At the same time, the exclusive right to a trademark arises from the date of registration of the trademark in the State Register of Trademarks.
Validity period of trademark registration
The trademark registration is valid for ten years from the date of filing the application.
The term of validity of a trademark registration is extended each time for ten years at the request of the owner, filed during the last year of its validity. Information on the extension of the validity period of the trademark registration within ten working days from the date of receipt of the application to the expert organization is entered in the State Register of Trademarks and the certificate.
Warning marking
The owner of the trademark certificate may make a warning marking next to the trademark in the form of the Latin letter R, or the verbal designations "tauar belgisi", "trademark" or "registered trademark", indicating that the designation used is a registered trademark in the Republic of Kazakhstan.
Terms of use of the trademark
The trademark owner is obliged to use the trademark.
It is prohibited to restrict the use of a trademark along with another trademark, to use a trademark in a modified form, including in a different font, a different color design, a different form, or to use it in a way that may damage the ability of the trademark to distinguish the goods (services) of one individual or legal entity from similar goods (services) of other individuals or legal entities.
Entrepreneurs engaged in intermediary activities have the right, subject to the consent of the manufacturer, to use their mark on the goods sold by them along with the trademark of the manufacturer of the goods, as well as to place it in place of the manufacturer's trademark.
What advantages does the trademark owner have?
The trademark owner has the exclusive right to use and dispose of the trademark belonging to him in respect of the goods and services specified in the certificate. No one may use a trademark protected in the Republic of Kazakhstan without the consent of the owner.
Transfer of the exclusive right to the trademark and the right to use it
The exclusive right to a trademark in respect of all or part of the goods (services) may be transferred under an assignment agreement.
The transfer of the exclusive right to a trademark is not allowed if it may cause misleading information about the product or its manufacturer.
In accordance with the terms of the license agreement, the complex business license agreement or other agreement (license agreement), any person who is not the owner (licensee) is entitled to use the protected trademark with the permission of the owner (licensor).
The right to use a trademark may be granted in respect of all or part of the goods (services).
The licensee has the right to use the trademark on the entire territory of the Republic of Kazakhstan, unless otherwise provided in the contract.
The term of the right to use a trademark may be extended in accordance with the terms of the contract or by entering into an additional agreement.
If the term is not specified in the contract, the term of the right to use the trademark is equal to five years from the date of registration of this contract.
The license agreement must contain the conditions for:
1) maintaining the quality of the goods (services) not lower than the quality of the goods (services) of the owner (copyright holder) of the trademark;
2) the right of the owner (rightholder) of the trademark to exercise control over the quality of its goods (services).
The transfer of the exclusive right to a trademark to another person does not entail the termination of the contract.
The exclusive right to a trademark in respect of all goods (services)and the right to use it may be pledged.
The contracts and additional agreements specified in the Agreement are concluded in writing and are subject to registration in the State Register of Trademarks.
The transfer of the exclusive right or the license agreement is subject to registration within ten working days following the day of receipt of the application of the interested party to the agreement.
Failure to comply with the written form and / or the registration requirement entails the nullity of the contract.
The grounds that temporarily prevent the registration of the transfer of the right to a trademark or the granting of the right to use it are:
1) the existence of a period for the restoration of the terminated exclusive right to a trademark;
2) submission of an incomplete set of documents or inconsistency of information in the submitted documents;
3) inconsistency of the information in the submitted documents with the information contained in the State Register of Trademarks or in the register maintained in accordance with an international treaty ratified by the Republic of Kazakhstan.
If the grounds specified in paragraph 8 of this Article are identified, a request for their elimination is sent to the applicant.
From the date of sending the request, the registration period is suspended for three months.
The grounds for refusal to register transfer of the right to a trademark or grant the right to use it are as follows:
1) expiration of the term for the restoration of the terminated term of the exclusive right to the trademark;
2) the expiration of the period for the removal of the grounds temporarily preventing registration;
3) receiving an application for registration from a person who is not a party to the contract;
4) lack of registration of the right to dispose of the exclusive right to a trademark;
5) misleading about the product or its manufacturer in the case of the transfer of the right to the trademark;
6) the presence of the party's obligations that prevent the granting of the right to use the trademark.
The termination of the exclusive right to a trademark entails the termination of the license agreement.
Auliekolskoe interdistrict
department of Justice