Law No. 456-1 on trademarks, service marks and places of origin of commodities.

The present Law regulates relations connected with registration, legal protection and utilization of trademarks, service marks and places of origin of commodities. Trademarks and service marks are symbols registered in conformity with the present Law or protected without registration in conformity with the international agreements concluded by the Republic of Kazakhstan serving for the distinction of commodities (service) produced by some legal or natural persons from similar commodities (service) produced by other legal or natural persons (art. 1). Legal protection of trademarks shall be carried out on the grounds of state registration in conformity with the present Law and international agreements concluded by the Republic of Kazakhstan (art. 4). Verbal, graphic, volumetrical and other symbols and combinations thereof may be registered as trademarks. Trademark can be registered in any colour or any colour combination (art. 5). In the register of trademarks shall be recorded the following data : description of trademark, owner’s personal data, priority and registration date, the list of commodities to which the trademark is applicable, country, number and data of forwarding the first application in case of the establishment of convention priority, and also other data pertaining to the registration of trademark (art. 14). The registration of trademark shall be valid for the period of ten years from the date of presentation of application to the authorized institution. The validity can be extended for other ten years in conformity with the owner’s application presented in the course of the last year of the current registration (art. 15). Preventive labelling shall authorize the owner of trademark to put along with the registration mark the Latin letter “R” or wording «Registered trademark» indicating that the designation has been registered in the Republic of Kazakhstan (art. 20). Application form for the registration of the place of origin of commodities and obtaining the right of use of thereof shall be forwarded to the authorized institution KAZPATENT (art. 28). Registration of the place of origin of commodities and granting the right of use thereof shall be carried out by the State register of the places of origin of commodities on the grounds of decision taken by expertise (art. 33). Registration of the place of origin of commodities is permanent on condition of the conservation of particular properties of commodities manufactured on the territory of the indicated geographical area (art. 34). The Law consists of 13 Sections composed of 48 articles.