Из официальных источников   
LAW No. 456 of 26th JULY 1999 OF THE REPUBLIC OF 
KAZAKHSTAN  
 
CONCERNING TRADE MARKS, SERVICE MARKS AND 
APPELLATIONS OF  ORIGIN  
  
 The present Law shall regulate the relations which arise in connection with the 
registration, legal protection and use of trad e marks, service marks and  appellations of 
origin  in the Republic of Kazakhstan.  
 
CHAPTER 1.  GENERAL PROVISIONS  
 
Article 1.  Basic Concepts Used in the Present Law  
 
      The following basic concepts shall be used in this Act:  
1) the exclusive right - a pro perty right of right holder to use the trademark or 
appellation of origin in any manner at his discretion;  
1-1) confusingly similar sings - simila r signs or designation s having  distinction of 
individual elements and perc eived by consumers as identical ; 
1-2) identical trade marks - signs or designations that coincide in all the elements ;  
1-3) goods or services  of the same kind - goods or services that perform the same 
kind (type) of function that may cause the consumer believe that they  belong to the same 
manufacturer;  
      2) newsletter - official periodical on protection of trade  marks and appellations of 
origin;  
      3) name of the geographical object - is an indication that identifies a product 
originating from a particular territory, region or localit y; 
      4) well -known trademark - a designation that is used as a trademark or a trademark 
acknowledged as well -known by virtue of international agreements the Party of which is 
the Republic of Kazakhstan, the decision of the competent authority or court,  based on 
the evidence of interested parties;  
4-1) Madrid Agreement - the Madrid Agreement Concerning the International 
Registration of Marks of April 14, 1891 ;  
      5) applicant - legal person or individual filed an application for trademark 
registratio n or registration and granting right to use the appellation of origin;  
      6) patent agents - citizens of the Republic of Kazakhstan entitled in accordance with 
the legislation of the Republic of Kazakhstan to represent individuals or legal entities to 
the competent authority and the expert organization;  
 6-1) Singapore Treaty - the Singapore Treaty on the Law of Trademarks of March 
27, 2006;  
      7) International Classification of Goods and Services - classification adopted by the 
Nice Agreement dated J une 15, 1957, as subsequently amended;  
      8) trademark, service mark (hereinafter - the trade mark) - mark registered in 
accordance with this Act, or protected without registration by virtue of international О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  2 treaties in which the Republic of Kazakhstan participates, which serves to distinguish 
the goods (services) of one natural or legal person from homogeneous goods (services) 
of other legal or natural persons;  
      9) the use of a trademark or appellation of origin - the use of a trademark or 
appellat ion of origin for the goods and in rendering services for which they are 
protected, and (or) their packaging, manufacturing, use, importation, possession, 
offering for sale, sale of goods with a designation of a trademark or appellation of 
origin, use in b illboards, advertising, printed materials and other business 
documentation  as well as other introduction into civil circulation;  
      10) the owner of the trademark or the right to use the appellation of origin - a legal 
person or individual, having the e xclusive right to the trademark or the exclusive right to 
use the appellation of origin in accordance with this Act;  
      11) the appellation of origin - a designation that represents or include the name of a 
country, region, settlement, locality or other  geographical object as well as an indication 
derivative from that name which has become known as the result of its use in relation to 
the good the special properties, quality, reputation or other characteristics of which are 
exclusively or essentially att ributable to its  geographical origin, including natural and 
human factors;  
12) the collective trademark - a trademark of an association or any other union of 
legal persons and (or) individual entrepreneurs (hereinafter - the union) that is used for 
design ation of produced or sold goods (services) that have common qualitative or other 
characteristics . 
 
Article 2.  Legislation of the Republic of Kazakhstan on Trade Marks, Service Marks 
andAppellations of Origin  
 
 1.  Legislation of the Republic of Kazakhstan  on trade marks, service marks 
andappellations of origin  shall consist of  the Cicil Code,  the present Law and any other 
regulatory legal acts of the Republic of Kazakhstan  
 2.  When international treaty ratified by the Republic of Kazakhstan establishes 
other rules than those contained in the present Law, then the rules of the international 
treaty shall apply.  
  
Article 3.  The Authorised State Body in the Sphere of Protection of Trade Marks, Service 
Marks  and Appellations of Origin  
 
 1.  The authorised sta te body (henceforth — the authorised body) is the state 
body appointed by the Government of the Republic of Kazakhstan and exercising the 
state regulation in the sphere of protection of trademarks, service marks  and appe llations 
of origin .  
 2.  The scope of the authorised body shall be as follows:   
 1)  participation in the implementation of the state policies in the sphere of legal 
protection of trade marks, service marks, appellations of origin ;  
 2)  registration of trademarks  and appellations of origin ;  
 2-1) determination of the procedure for recognition of a trade mark as well -
known;   О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  3  2-2) determination of the procedure for registration of appellations of origin  and 
(or) granting the right to use appellations of o rigin ;  
2-3) approval of the application form for registration of the agreement on the 
transfer of trademark rights;  
       2-4) approval of the application form for registration of a license agreement or 
sub-license agreement to use a trademark , agreemen t of complex enterpreneural license 
and pledge agreement ; 
 3)  supervision of activities of physical persons and legal entities using 
trademarks, appellations of origin , service marks:  
 4)  compilation of protocols and handling of administrative violation c ases, 
imposition of administrative punishments;   
 5) performance of other powers provided for by this Law, other laws of the 
Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and 
Government of the Republic of Kazakhstan.   
 
Article  3-1. State monopoly in the field of  trademarks, service marks, appellations of 
Origin  
 
      1. The following activities shall refer to state monopoly and  shall be carried out 
by expert organization  set up by the Government of  the Republic of  Kazakhstan i n the 
legal form of the republican state enterprise:  acceptance  and examination of applications 
for registration of trademarks, service marks  and appellations of origin;  examination of 
contracts  on transfer of rights for  trademarks, service marks, license (sublicense) 
agreements ; maintenance of the State regist ers of protected trademarks, service marks 
and appellations of origin, including acceptance of  application for registration of a 
collective trademark; formal examination; amendments and corrections to  the 
application materials; allocation of a trademark application  according to  classes at the 
initiative of the applicant; conversion of an app lication for a trade mark into  collective 
trademark and vice versa; acceptance of the international application u nder the Madrid 
Agreement; preparation of the list of goods and services in accordance with the 
international classification of goods and services; preparation and transfer of an  
application to amend the international application; examination of an applica tion 
addition aly for each class beyond  three; urgent examination not earlier than six months 
from the filing date; consideration of objections to the decision of provisional refusal of 
registration; extension of the deadline for filing objections to the de cision of 
examination for each month; extension of the response to the request for each month; 
restoration of the missed term for response to the request of payment, an objection by 
the applicant; publication of the  information on  registration; amendments into the  state 
registers of protected trademarks, service marks and appellations of origin; extension of 
the term for registration of the right to use an appellation of origin, registration of the 
trademark and additionally for each class beyond  three; pub lication of  information on 
the extension; examin ation of the pledge agreement,  agreement on complex  
entrepreneurial license in respect of one or group of objects of industrial property; 
examination of supplementary agreements and publication of information  on registration 
of contracts; issuance of extracts from the state registry ; preliminary search of 
designation in the database of trademarks and designations applied for registration in О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  4 respect of indicated  classes of goods and services; implementation and  publication of 
printed and electronic publications.  
      2. The activities technologically related to the activity of expert organization 
include:  
      1) certification of a copy of the application (priority document);  
      2) confirmation of payment.  
      3. The prices for goods (works, services) produced and (or) so ld by the state 
monopoly entity shall be  established by the authorized body in coordination with the 
competition authority.   
 
CHAPTER 2.  LEGAL PROTECTION AND TERMS OF TRADE MARK 
REGISTRAT ION  
 
Article 4.  Legal Protection of Trade Marks  
 
 1.  The legal protection of trade marks in the Republic of Kazakhstan shall be 
granted on the basis of their registration in accordance with the procedure as established 
in the present Law, as well as with out registration by force of international treaties of the 
Republic of Kazakhstan.  
 2.  The legal protection of trade marks may be granted to legal entities or 
physical persons.  
 3.  The right to trade mark shall be certified by note on registration in th e State 
register of trade marks of the Republic of Kazakhstan and confirmed by thr extract from 
the State register of trade marks of the Republic of Kazakhstan . 
 4.  The owner of trade mark shall have the exclusive right to use and dispose of 
the trade mar k owned by it with respect to goods and services indicated in the 
certificate.  Nobody can use the trade mark protected in the Republic of Kazakhstan 
without the consent of the owner.  
 
Article 5.  Designations Registered as Trade Mark  
 
 1.  As a trade mark  there may be registered graphic, wordy, letter forms, 
numerical, volume and any other designations or their combinations which allow to 
distinguish goods and services of certain entities from similar goods or services of other 
entities.  
 2.  The trade ma rk may be registered in any colour or combination of colours.  
 
Article 6.  Absolute Basis Which Exclude Registration of Trade Mark  
 
 1.  There shall not be allowed the registration of trade marks which exclusively 
consist of designations which do not have the distinctive ability ; 
 1)  those which are in general use for the designation of goods  and services  of 
certain type;  
 2)  those which are generally accepted symbols and terms;  
 3)  those which indicate the type, quality, quantity, feature, designation, value of 
goods, as well as to the place and time of their production or selling;  О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  5 3-1) those which represent international non -patented names of pharmaceutical 
products;  
 4)  having direct descriptive and (or) associated connection with the goods or 
servic es for the marking of which it is used .  
 The indicated designations may be used as non -protected elements of trade 
marks when they do not occupy a dominant position.  
 2.  There shall not be registered as trade marks the designations which reproduce 
the st ate emblems, flags and emblems, abbreviated or full names of international 
organisations and their coats of arms, flags and emblems , official control, guarantee and 
hallmarks, seals, Olympic symbolism, decorations, and any other signs of distinction, as 
well as designations which are alike to the extent of confusion.  
 Such designations may be used as non -protected elements where a mark does not 
consist exclusively of them or where the approval exists for their use from the 
appropriate competent authority o r their owner.   
 3.  There shall not be allowed the registration as trade marks or their elements of 
the designations:  
 1)  which are false or may mislead with respect to goods or its manufacturer, 
including the names of geographical objects  which may misl ead with respect to the 
place of manufacturing of goods;  
 2)  which formally indicate to the true place of manufacturing of goods, but give 
the erroneous presentation that goods originate from other territory;  
 3)  which represent themselves or contain th e names of geographical objects  
identifying mineral waters, wines or strong alcohol drinks for designation of such goods 
not originating from said place, as well as when the translation is used or designation is 
accompanied by such expressions as «type», « in style of » or the like;  
 4)  which contradict in its contents to the public order , principles of humanity 
and moral ity.  
 
Article 7.  Other Basis for Denying the Registration of Trade Mark  
 1.  The designations shall not be subject to registration as tr ade marks which are 
similar or alike to the degree of confusion:  
 1) with trade marks registered in the Republic of Kazakhstan  and protected 
under international agreements  with earlier priority in the name of other entity with 
respect to homogeneous goods and services  or identical trade marks of the same entitiy 
with respect to the same goods and services ; 
 2)  with acknowledged as well -known trade marks in the Republic of 
Kazakhstan with respect to any types of goods and services;  
 3)  with designations su bmitted for the registration with earlier priority in the 
name of other entity with respect to homogeneous goods and services (except for those 
which are recalled)  or identical designations of the same entity with respect to the same 
goods and services ;  
 4) with appellations of origin protected in the Republic of Kazakhstan in relation 
to any goods, unless they can be incorporated as unprotected element of a trademark 
registered in the name of the person authorized to use this appellation of origin, if 
registration of a trademark is executed for the same good for individualization of which 
appellation of origin is registered . О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  6 Registration of a designation as a trademark in relation to  homogenius goods or 
services, confusingly similar to any of the trademar ks referred to in subparagraphs 1), 2) 
and 3) of the first part of this paragraph is subject to the granting of the trademark 
owner's consent.  
  2.  There shall not be registered as trade marks the designations which 
reproduce:   
1)  industrial samples prot ected in the Republic of Kazakhstan in the name of 
other entities, subject to their earlier priority;  
 2)  names of works of literature, science and art known in the Republic of 
Kazakhstan at the date of submission of the application, known works of arts and their 
parts in violation of copyrights ;  
 3)  surnames, names, pseudonyms and their derivatives, portraits and facsimile 
in violation of personal nonmaterial rights of those persons and their heirs or legal 
successors, and also when these designations represent the property of history and 
culture of the Republic of Kazakhstan – without authorisation of the relevant competent 
body.   
 
Article 8.  Submission of Application  
 
 1.  An application for a trademark shall be submitted to an organisation of 
exper ts by one applicant.   
2.  An application for a collective trademark   shall be submitted in the name of 
association in accordance with the consent of its participants to use the collective trade 
mark.  
3. Applications may be filed in the form of an electroni c document, certified by 
digital signature.  
 
Article 9.  Requirements to Application for Registration of  Trademark   
 
 1.  An application shall be related to one trade mark.  
 2.  An application shall be presented on the standard blank, and it shall contain 
the following:  
 1)  a request for the performance of an expert evaluation of an appellation with 
the name of the applicant, as well as his location or place of residence;   
  2)  designation applied;  
 3)  the list of goods and (or) services in accordance wi th the International 
classification of goods and services.  
 3.  The following shall be attached to the application:  
 1)  a document confirming the payment for services of an organisation of experts 
with regard to carrying out an expert examination.  Amount  of remuneration shall be 
established in accordance with the legislation of the Republic of Kazakhstan ; 
 2)  power of attorney, in the case of record -keeping through the representative;  
 3)  the charter of a collective trademark (where an application is su bmitted for a 
collective trademark), including the name of an organisation authorised to register a 
given collective trademark in its name, the purpose of the registration of that trademark, 
the list of the entities having the right to use that mark, the l ist and uniform properties or 
other parameters of the goods and services that will be designated with the collective О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  7 trademark, the conditions of its use, the procedure for the supervision of its use, the 
liability for violation of the provisions of the ch arter of the collective trademark.   
 4.  The application and documents attached to it shall be submitted in Kazakh  or 
Russian language.  When the documents are submitted in another language, the 
applicant shall submit within one month their translation int o Kazakh  or Russian 
languages.   
5.  The date of submission of the application shall be established by the date of 
receipt by the the organisation of experts  of the application which meets the 
requirements of paragraph 2 of the present Article , in the event  that said documents 
were submitted at different times, — on the basis of the date of receipt of the last 
document submitted .  
 6.  Procedure of preparation, processing and consideration of the application for 
a trademar k is established by the authorized body.   
 
Article 10.  Priority of Trade Mark  
 1.  The priority of the trade mark shall be established based on the date of 
submission of the application to the organisation of experts . 
 2.  The priority of a trade mark ma y be established based on the date of the first 
submission of the first (first) application (applications) for the trade mark in the 
member -state of the Paris convention for the protection of industrial property, as well in 
an international or regional org anisation (convention priority) stipulated by it, when the 
submission of an application to the organisation of experts was carried out   within six 
months from the indicated date.  When seeking the convention priority, the applicant 
shall indicate the numbe r of the first application, the date and country of its submission 
and attach the certified copy of the first application.   
3.  The priority of trade mark placed at exhibits of the officially recognised 
international exhibitions may be established by the d ate of the beginning of open 
demonstration of the exhibit (exhibition priority) if the submission of the application to 
a trademark to an organisation of experts has been carried out  within six months from 
the indicated date.  
 4.  An applicant who wish to make use of the convention or exhibition priority 
shall be obliged to indicate it and submit the relevant documents confirming the legality 
of such requirement, when submitting the application for the trade mark or within two 
months from the date of the re ceipt of the application by the organisation of experts .
 5.  In the case of division of the application, the priority with respect to each of 
application shall be established by the date of the priority of the first application.  
 Priority with regard to se parate applications shall be determined on the basis of 
the date of priority of the original application of the same applicant, and in where there 
is the right to establish an earlier priority on the basis of the original application — on 
the basis of the date of that priority, unless at the date of the submission of the separate 
application the original application was revoked and unless it is deemed to be revoked 
and the submission of the separate application was carrie d out prior to the adoption of a 
decision on the original application.   
 6.  The multiple priority of a trademark with regard to different goods shall be 
established on the basis of a petition of the applicant where there are several 
applications from the applicant with regard to one designation for different goods.   
 О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  8 CHAPTER 3.  EEXPERT EXAMINATION  OF TRADE MARKS  
 
Article 11.  The Procedure for Performance of Expert Examination  
  
 1.  An expert examination shall be carried out by the organisation of expert s by 
stages:  
 1)  preliminary expert examination – within one months from the date of the 
receipt of the application in the course of which the contents of the application, the 
existence of needed documents are checked in accordance with requirements as 
established by Articles 5 and 9 of the present Law. As a result of the examination 
applicant within ten working days  shall be sent a  notice of acceptance of the application 
for review or termination of proceedings . 
 2)  full expert examination - within nine months from the date of submission of 
the application in the course of which the compliance of the designation sought with 
requirements is checked as established by Articles 6 and 7 of the present Law.  
 3) upon the written request of the applicant, subject t o additional payment, the 
examination of a trademark application shall be carried out earlier than the time limits 
specified in subparagraph 2) of this paragraph, but not earlier than six months from the 
date of filing.  
 2.  At any stage of the expert exam ination the organisation of experts  shall have 
the right to require additional materials which must be presented within three months 
from the date of sending the request to the applicant.  
 In the case of failure of the applicant to submit the additional ma terials within 
the established deadline or petition to extend the indicated deadline, the record -keeping 
shall be terminated, and the application shall be considered revoked.      
 
Article 12.  Decision on Results of Expert Examination  
  
1. Based on the re sults of preliminary examination, the applicant  within 10 working 
days shall be  informed either about the acceptance of the application for review, 
assignment of an appropriate number, filing date and priority date, or the refusal to 
accept the application  for consideration in the form of a reasoned opinion.  
Within ten working days expert organization shall send to the authorized body its 
expert opinion about the registration, partial registration or refusal of registration, issued 
based on the results of f ull examination. Expert opinion on the preliminary refusal of 
registration shall be sent to the applicant within ten working days.  
      2. The applicant may within three months from the date of receipt of preliminary 
decision on complete examination to pr ovide a reasoned objection based on results of 
which the expert organization within three months from the date of receipt of objection 
shall make a final conclusion.  
      3. Based on the results of a complete examination the authorized body shall, within 
fifteen working days, register the trademark or refuse registration. The decision to 
register may apply to the entire list of products and services or to its parts.  
      4. The decision to register a trademark prior to its introduction into the state reg ister 
of trademarks may be reviewed in connection with the discovery of an application with 
earlier priority.  О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  9       5. Based on the decision of the authorized body for registration of a trademark 
applicant within three months from the date of receipt of no tification with the positive 
opinion of the expert organization shall pay the state fee for  registration of a trademark, 
as well as payment for the expert organization actions for publication of information on 
registration . 
      In case of failure to pr ovide documents confirming payment of the state fee for 
registration of a  trademark and payment for the expert organization actions for the 
publication of information on registration , registration of trademark shall  not be carried 
out and the correspondi ng application for a trademark shall be considered as withdrawn.  
      6. In case of disagreement with the conclusion of examination rendered in 
accordance with paragraph 2 of this Article, the applicant may file an objection on the 
expert opinion to the a uthorized body within three months from the date of its issuance. 
The objection shall be considered by the Appellate Council within four months from the 
date of its receipt.  
 
Article 13.  The Rights of Applicant  
 
 An applicant shall have the right:  
 1)  to  recall the application at any stage of the expert examination;  
 2)  to participate in the consideration of issues arising in the course of the expert 
examination of the application;  
 3)  to append, clarify or amend materials of the application not changin g them in 
essence before the completion of the full expert examination;  
 3-1)  petition for the division of an application at each stage of its consideration 
prior to the completion of the expert examination with distribution of the goods and 
services list ed in the original application, between the divided applications;  
 4)  to petition on the extension of the established deadlines for submission of the 
response to the request or submission of the objection, but not more than for six months;   
 5)  to petit ion on the restoration of the missed deadlines, but not more than for 
two months from the day of expiration of the missed deadline;  
 6)  to peruse opposed materials ; 
7 ) to apply for the suspension of proceedings in connection with appeal 
submitted to  the Appelate Council ;        
8 ) to apply for assi gnment of rights to  receive  a trademark , service mark to 
another person without  conclusion of  a contract .  
 
CHAPTER 4.  TRADE MARK REGISTRATION  
 
Article 14.  State Register of Trade Marks  
 
 1.  Information on registration of trade mark shall be entered to the state Register 
of Trade Marks upon payment of services of expert organization for registration of trade 
mark.  
 2. The following shall be entered to the State Register of Trade Marks:   
 1)  picture of trade  mark;  
 2)  information on its owners;  
 3)  the number and date of registration of trade mark;  О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  10  4) indication to collective trade mark;  
 5)  list of goods (services ) with respect thereto the trade mark is registered;  
 6)  the number and date of submission of the application to the organisation of 
experts ; 
 7)  country, number and date of submission of the first application when the 
convention priority is established;  
 8)  any other information related to the registration of trade mark , including 
information  on the transfer of the right to a protected trademark .  
 2.  The State Register of Trade Marks shall be generally available.  Pursuant to 
the petition of the interested parties the organisation of experts  shall submit an extract 
from the State Register of  Trade Marks.  
 3.  The owner of a trademark shall be obliged to notify the  expert  organisation on 
any amendments  concerning the registration, including information on change of his 
name /surname or patronymic  (if available) , place of residence as well as re duction of the 
list of goods (services ) in respect of which trademark is registered .  
4.  During one month from the date of submission of application on amendments  
and relevant payment a n expert organisation shall amend  the State Register  as specified 
in paragraph 3 of this Article, as well as rectify mistakes of technical nature.   
 Applicant shall be sent notification w ithin two month s from the date of  
amendments  made  into the State Register of Trade  Marks.  
 
Article 15.  Term of Effect of Registration  
 
 1.  Registration of trade mark shall be effective during ten years from the date of 
submission of the application.  
 2.  The term of effect of the registration of trade mark may be extended each 
time for ten years pursuant to the owner’s petition to be submi tted during the last year of 
its effect.  Information on the extension of the term of effect of the registration shall be 
entered to the State Register of Trade Marks during one month period . 
 3.  The deadline for the submission of the petition, as indicat ed in paragraph 2 of 
the present Article, may be restored pursuant to the owner’s application submitted 
within six months after expiration of the effect of registration.   
 
Article 16.  Publication of Information on Registration  
 
 Information related to th e registration of trade mark entered to the State Register 
of Trade Marks, as well as subsequent amendments associated with the registration shall 
be published by the organisation of experts  in the bulletin  and internet web -site during 
two month period  after their entering into the State Register of Trade Marks.  
 Information on owners of a collective trademark shall be additionally entered 
into the State Register of Trade Marks.  
 
Article 17.  Terms of Repeated Registration of Trade Marks  
  
 The trade mark identical or similar to a degree of confusion to trade mark whose 
term of effect of validity has expired may not be registered in the name of person other 
than the former owner within one year   from the date of termination of the effect of the 
registration . О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  11   
Article 18.  Extract from the State Register of Trade Marks  
  
 1. Extract from the State Register of Trade Marks shall certify the fact of 
registration of the trade mark, its priority, the exclusive right of the owner to the trade 
mark with respect to goods (services ) indicated in the State Register of Trade Marks .  
 2.  The authorised body  shall establish the form of the extract . 
 
Article 18 -1. The acknowledgement of a trademark as well -known.  
 
      1. Trademark registered in the Republic of Kazakhsta n or protected under 
international treaties, as well as designation used as a trademark without a legal 
protection in the Republic of Kazakhstan, but acquired a reputation in the Republic of 
Kazakhstan due to its active use shall be acknowledged as well -known in the Republic 
of Kazakhstan.  
      Application of natural or legal persons for the acknowledgement of a trademark as 
well known in the Republic of Kazakhstan is considered by the commission of the 
authorized body on the acknowledgement of a trademar k as well known.  
Within two months from the date of application  the authorized body examine  the 
presence of the necessary documents stipulated by the legislation of the Republic of 
Kazakhstan , notify the applicant of the acceptance of the application for review and 
publish information about it on the internet resource for information and possible 
disagreement from third parties that must be sent to the authorized body.  
      After expiration  of three months from the date of publication application and 
annex ed materials confirming that  mark  is well-known shall be considered by t he 
authorized body. After  expiration of the  indicated  term authorized body within three 
months  period  shall review the application.  
      Applicant has the right to make corrections, a dditions and clarifications to the 
application materials  before  completion of its review.  
      If there is disagreement from  third parties , the applicant  shall be sent relevant 
notification , response to  which the applicant must  provide before  the results of 
consideration of the application.  
      Regulation on  the Commission on acknowledgement  of a trademark (service mark) 
as well known in the Republic of Kazakhstan  shall be  approved by the authorized body . 
      Upon  result s of consideration  of applicatio n the Commission  of the authorized body 
shall take decision on acknowledgement  of trademark as well -known or decision to 
refuse such acknowledgement , which shall be  sent to the holder of a trademark within 
ten working days from the date of the decision.  
      If factual information submitted by  applicant confirm the  date when the mark has 
become well -known, other than that specified in the application, the trademark can be 
recognized as well known on the factual  date.  
      Information about the factual acknowledgement of trade mark as well-known is 
confirmed by opinion poll  of consumers, which is conducted by an independent 
organization at the territory of  the Republic of Kazakhstan. The opinion poll  should 
cover the city of republican significance, the cap ital, and at least five cities of regional 
importance. The total number of respondents in one locality  must be at least a hundred 
people.  О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  12             The decision to refuse acknowledgement  of a trademark as well known shall be 
made, if it is defined that:  
      1) information is insufficient for acknowledgement of trademark as well -known;  
     2)  there is a trademark which is identical or confusingly similar to the trademark of 
an applicant, protected or declared in the name of another person in respect of  similar 
goods, with a an earlier priority.  
      Commission decision of the authorized body referred to in Paragraph 4 of this 
paragraph may be appealed in court.  
      2. Well known trademarks shall be protected in accordance with provisions of this 
Law for the trademarks.  
      3. Legal protection of well known trademarks shall be terminated:  
      1) in connection with the expiration of registration;  
      2) in connection with the entry into force of the court decision on annulment of the 
decision of Commission of the authorized body on acknowledgement of a trademark as 
well known.  
      4. Based on the acknowledgement of a designation or trademark as well -known ,  
relevant information shall be included into the State Registry of Trade Marks of the 
Repu blic of Kazakhstan .  
      Term of v alidity of acknowledgement of trade mark as well -known  at the request of 
the owner and presentation of data confirming the well -known status of a trademark 
shall be extended for further ten years.  
      Information about  registration  of a well known trademark, its owner and any future 
changes relating to such registration shall be included into the State Register of well 
known trademarks and published in the Gazette.  
 
CHAPTER 5.  USE OF TRADE MARKS  
 
Article 19.  Terms of Trade Mark Use  
 
 1.  The owner of the trade mark shall be obliged to use the trade mark.  
 2.  Entrepreneurs who conduct intermediary activity shall have the right, subject 
to the consent of manufacturer, to use their own mark on sold goods together the tra de 
mark of the manufacturer of goods, and also to place it instead of the trade mark of the 
manufacturer.  
 3.  Owners of the collective trade mark may together with the collective trade 
mark to use their own trade marks on goods manufactured by them.  
 4.  Any interested party may submit to the authorised body  the objection against 
the registration of trade mark in connection with its non -use continuously during five 
three years from the date of registration or three years preceding the submission of the 
objection.  The objection may relate to all or part of goods indicated in the certificate, 
and it must be considered by the appellate council within six months deadline from the 
date of its receipt.  
 The proof of the use of the trade mark shall be considered  its use on goods for 
which it was registered, and (or) their packing owner of the trademark or person to 
whom such right is granted on the basis of an agreement for the reassignment of rights 
to a trademark in accordance with paragraph 2 of Article 21 of this Law . Manufacture, 
importation, storage, offering for sale, sale of goods with the trademark, its use in О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  13 advertising, billboards, printed publications, on official letterhead, a business document, 
the transfer of trademark rights or demonstration at ex hibitions held in the Republic of 
Kazakhstan, as well as other introduction into civil circulation shall be recognized a use 
of the trademark.   
 Confirmation of use of a trademark which are submitted by its owner must refer 
to the period of time specified in the objection.   
 When deciding the issue on the termination of the effect of registration of the 
trade mark in connection with its non -use, the proofs submitted by the owner that the 
trade mark was not used due to the circumstances which were beyond his  control, shall 
be taken account of.  
 5.  Owners of trademarks which are identical or similar to a degree of confusion 
with a well -known trademark and registered prior to the recognition of the trademark as 
well-known, shall retain the right to subsequent ly use them for a period established by 
the authorised body, but for not longer than seven years.   
7. Use of the trademark by others on goods that have been put into circulation in 
the territory of the Eurasian Economic Union  by the right holder or with hi s consent 
shall not be a violation of the exclusive rights to the trademark.  
 
Article 20.  Warning Marking  
 
 The owner of the certificate of the trade mark may place near the trade mark the 
warning marking in the form of Latin letter , or wordy designations « тayap тaнбасы», 
«товарный знак» or «зарегистрированный товарный знак» indicating that the used 
designation is the trade mark registered in the Republic of Kazakhstan.  
 
Article 21.  Assignment of the Right to Trade Mark  
  
 1.  The exclusive right to the trade mark with respect to all goods and services or 
any part of them indicated in the certificate may be assigned under the contract by the 
owner to other person.  
 The assignment of the right to trade mark shall not be allo wed when it may cause 
the confusion with respect to goods or its manufacturer.  
The assignment of the right to trade mark, including its assignment under the 
contract or in accordance with the procedure for the legal succession must be registered 
by the authorised body .  
 2.  The right to the use of the trade mark may be assigned by the owner of the 
trade mark (licensor) to the other person (licensee) under the licensing agreement with 
respect to all goods and services or any part of them indicated in the ce rtificate  
 The licensing agreement which allows to the licensee to use the trade mark must 
contain the condition that the quality of goods or services shall not be lower than the 
quality of goods and services of the licensor and that the licensor shall hav e the right to 
conduct the supervision of the implementation of this condition.  
 When the effect of the right to trade mark is terminated the effect of the licensing 
agreement shall be terminated.  
 The assignment of the right to the trade mark to other per son shall not entail the 
termination of the licensing agreement.  О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  14  3.  The agreement on  assignment of  right to  a trade mark , license agreement, 
agreement on complex enterpreneural license and pledge agreement  must be concluded 
in writing and be registered  with the authorised body .  Non -observance of the written 
form and requirements of the registration shall entail the invalidity of the agreement.  
Registration of assignment agreement on trademark or license agreement shall be  
based on examination of the ma terials made by expert organization.  
      The provisions on registration of license agreements shall be  applied to order of 
registration of sub -license agreements  and additional agreements to already registered 
agreememnts  unless otherwise provided by leg islation of the Republic of Kazakhstan.  
      In order to register agreement on assignment  of right to a  trade  mark , license 
agreement , agreement on complex enterpreneural license and pledge agreement 
application  in the relevant form  must be  submitted to the expert organization . 
      The application shall be accompanied by:  
      1) The original contract in quadruplicate, equipped with a title page. Each copy of 
the contract stitched, sealed with a paper seal, on which shall be recorded the number of 
sheets tied together and numbered; there are the stamp and signature of both parties or 
authorized persons on both sides.  
      Submission of materials for license agreement registration must be carried out no 
later than six months from the date of signing the  contract.  
      Notarized copies of the contract may be submitted instead of original contract;  
      2) Power of Attorney in the case of an application through a patent attorney or other 
representative;  
      3) document confirming payment of state duty ; 
 4) document confirming payment of services of expert orga nization .  
Payment is due upon filing an application or within one month from the date of 
receipt of the application. In case of failure  to provide document confirming payment 
within one month  period the application is recognized as not  submitted.  
      National applicants of license agreement, except for the above documents, shall 
provide the solution  of the management bodies of  the licensor (sub -licensor) on the 
conclusion of the contract and prov iding the authority to sign the contract to the head of 
the organization if applying on behalf of the  legal  person.  
      National applicants of assignment agreement, except for the above documents, shall 
provide the solution of the management bodies of the owner of the protection document 
or exclusive rights, general m eeting of the founders or shareholders on the conclusion of 
the contract and providing the authority to sign the contract to the head of the 
organization.  
      Application and other required  documents shall be submitted in Kazakh and 
Russian. Foreign names and the names of legal entities must be indicated in the Kazakh 
and Russian transliteration. If the documents are submitted in another language, the 
application shall be accompanied by nota rized translation into Kazakh and Russian.  
      The application must relate to one agreement on  assignment of  right to a trade 
mark, license agreement, agreement on complex enterpreneural license and pledge 
agreement.       Individuals living outside th e Republic of Kazakhstan, or foreign legal 
entities submitting  materials of the contract to the authorized body on their own behalf, 
shall exercise the rights relating to the registration of the contract through a patent 
attorney of the Republic of Kazakhs tan. О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  15 Natural persons  of the Republic of Kazakhstan, temporarily residing abroad, shall 
exercise the rights relating to the registration  of the agreement  without a patent attorney 
in case of indication of the address for correspondence within the territory of the 
Republic of Kazakhstan.  
Examination and registration of agreements on  assignment of  right to a trade mark, 
one of the parties to which is a natural or legal person of a foreign state  - party to the 
Singapore Treaty, shall be carried out in accorda nce with the provisions of the 
Singapore Treaty.  
      4. Expert organization after the submission of a list of documents for registration by 
the applicant within fifteen working days from the date of receipt of application shall 
carry  out t he preliminary examination of received documents, during which required 
documents and compliance with the requirements set for them shall be  verified . In the 
absence of document confirming payment of the examination in materials attached to 
the application of the contrac t, the applicant shall be billed for paym ent. In this case, the 
dates shall be  calculated from the date of receipt of payment to expert organization.  
      Substantive examination  shall be  held based on  the accepted materials of assignment 
agreement on a t rademark or license agreement within twenty days  in accordance with 
the legislation of the Republic of Kazakhstan.  
      5. Reasons that prevent registration of an assignment agreement on a trademark and 
a license agreement that can be eliminated:  
      1) termination of the registration of a trade mark in respect of which the contract is 
concluded, but there is the possibility of its recovery;  
      2) obligations taken on previously signed contracts that prevent submission of 
licenses for the use of indus trial property item;  
      3) provisions in the contract that are contrary to the civil legislation of the Republic 
of Kazakhstan and the ratified international agreements;  
      4) incomplete set of documents or the documents submitted do not meet the 
requirements of current legislation of the Republic of Kazakhstan.  
      6. In case of violation of the requirements for registration of documents or the 
presence of the grounds specified in paragraph 5 of this article  that prevent registration 
of the contrac t, but that can be eliminated, expert organization shall send a request to the 
applicant with a proposal within three months from the sending date to submit the 
missing or corrected documents or make the necessary changes and additions. In this 
case, terms  of the examination referred to in paragraph 4 of this Article shall be 
calculated from the date of submission of the missing or corrected documents.  
      7. Expert organization shall make a determination to refuse to register an assignment 
agreement on a  trademark or a license agreement under the following grounds:  
      1) termination of the validity of registration of a trade mark , for which the contract is 
concluded, and there is no possibility of recovery;  
      2) failure to provide all the necessar y materials and information required by 
paragraph 6 of this article within three months;  
      3) the parties do  not have necessary rights to conclude a contract;  
      4) there is no licensee’s powers in the licensing agreement for the registration of t he 
sub-license agreement and there is a  lack of a license agreement, approved by authorized 
body.  
      Within two working days after the conclusion  is made  the expert organization shall 
send it to the authorized body stating the reasons for refusal.  О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  16       8. In case of positive result of the examination the expert organization within five 
working days  shall  send to the authorized body conclusion that there is no reason 
preventing the registration of an assignment agreement on a trademark or a license 
agreem ent. 
      The decision on registration or refusal to register an assignment agreement on a 
trademark or a license agreement shall be  accepted by the authorized body within five 
working days from receipt of the expert organization opinion.  
      9. After t he decision on registration of a contract authorized body  shall : 
1) stamp  on the front page of the contract on its registration with the date of 
registration and its registration number;  
2) include  information about the contract in the register of register ed contracts;  
3) send three  copies of registered contract with the conclusion to the expert 
organization to publish information on the registration of the contract.  
Expert organization w ith regard to agreement on  assignment of  right to a trade 
mark, lice nse agreement, agreement on complex enterpreneural license and pledge 
agreement shall send  two copies of  registered agreement  to address given in the 
application, and publish in the Gazette information on registered contracts, in particular, 
number and dat e of registration of the contract, name and full details of the parties of the 
contract, subject matter of the contract, term of the contract  and contract territory.Two  
copies of the contract shall be  kept in the authorized body and expert organizations, 
respectively, and shall be  control copies.  
Expert organization on registered contracts shall publish  in the Gazette information 
on registered contracts, including number and date of registration of the contract, the 
name or full details of the contracting p arties, the subject of the contract, validity of the 
contract, the territory of the contract.  
Any person may obtain an extract from the register of registered contracts that are 
open for publication.  
Introduction of third parties with the text of the contr act, and obtaining statements 
from it shall be allowed only with the written consent of the contracting parties.  
In case if an authorized body made the decision to refuse registration of the 
assignment agreement on a trademark and the license agreement on the basis of the 
conclusion of the expert organization documents of the considered contract with the 
decision to refuse to register shall be  returned to the address specified in the application.  
      10. The agreement on  assignment of  right to a trade m ark, license agreement, 
agreement on complex enterpreneural license and pledge agreement  shall take effect 
from the date of their registration by the authorized body.  
 
Article 22.  The Assignment of the Right to Trade Mark in Reorganisation of Legal Entity  
in the Form of Division  
  
 In the division of a legal entity the right to the trade mark shall be transferred  to 
the newly established legal entity to which the manufacturing of goods or services is 
transferred.  
 In the case of retention with each of the newly established legal entities of part of 
manufacturing of goods or services for which the trade mark is registered, the new legal 
entities shall be recognised as co -owners of the trade mark in the case of their consent.  
 О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  17 CHAPTER 6.  TERMINATION OF REGI STRATION VALIDITY OF A 
TRADE MARK  
 
Article 23.  Challenging the Registration of Trade Mark  
  
 1.  The registration of the trade mark may be challenged and recognised as 
invalid fully or partially during the entire term of effect, if it was carried out in v iolation 
of requirements as established Articles 6 and 7, except for subparagraphs 1) – 3) of 
paragraph 1 of Article 7 of the present Law or during five years from the date of 
registration of trade mark if it was carried out in violation of requirements as  established 
by subparagraphs 1) – 3) of paragraph 1 of Article 7 of the present Law.  
 2.  Any interested party may on the basis as indicated in paragraph 1 of the 
present Article submit to the authorised body  an objection against the registration of 
trade mark.  
 The objection against the registration of trade mark shall be considered by the 
appellate commission within six months from the date of its receipt.  A person who filed 
the objection, as well as the owner of trade mark shall have the right to part icipate in the 
consideration of the dispute.  
 
Article 24.  Termination of Effect of Registration of Trade Mark and Recognition of it as 
Invalid  
  
 1.  The effect of the registration of trade mark shall be terminated:  
 1)  in connection with the expiration of the term of its effect stipulated in Article 
15 of the present Law.  
 2)  in connection with termination of business activity or death of a physical 
person , liquidation of a legal entity  – owner of the trade mark;  
 3)  on the basis of an application in w riting for the refusal from it of the owner of 
trade mark;  
 4)  in the case of the non -use of trade mark in accordance with paragraph 4 of 
Article 19 of the present Law;  
 5)  in the case of registration of identical or similar goods to the extent of 
confus ion of the name of the place of goods’ origin in accordance with paragraph 5 of 
Article 19 of the present Law.  
 2.  The registration of trade mark shall be recognised as invalid fully or partially 
pursuant to the decision of the appellate council or the co urt under the basis as indicated 
in paragraph 1 of Article 23 of the present Law.  
 3.  The organisation of experts  shall introduce to the State Register of Trade 
Marks the entry on annulment of the trade mark in connection with the termination of its 
effec t or recognition it as invalid.  
 
CHAPTER 7.  LEGAL PROTECTION AND REGISTRATION 
REQUIREMENTS FOR APPELLATIONS OF ORIGIN  
 
Article 25.  Legal Protection of Appellations of Origin  
 
 1.  The legal protection of  appellations of origin  in the Republic of Kazakhsta n 
shall be granted on the basis of their registration in accordance with the procedure as О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  18 established in the present Law, as well as by force of international treaties of the 
Republic of Kazakhstan.  
 2.  The exclusive right of the use of appellation of origin may be granted to one 
or several business entities ,  that manufacture in said geographical object the goods 
whose special properties are exclusively, or mainly are associated with the geographic 
environment, including natural conditions, and (or) human  factors.  
3. The state registration of the name of a geographical object as an appellation of 
origin, which is  located in a foreign country shall be  allowed if the name o f this object is 
protected as such in the country of origin. The owner of an exclusiv e right to use the 
indicated name of the appellation  of origin may be a person whose right to use such 
name is protected in the country of origin.  
 
Article 26. The designations registered as appellations of origin  
 
      1. As an appellation of origin can be registered contemporary or historical, formal or 
informal, full or abbreviated name of the country, region, locality, district or other 
geographical area, as well as a designation derived from this name, and their 
combination with the species name of th e product.  
      2. Designation, although representing or containing the name of a geographical 
object, but included in the Republic of  Kazakhstan in general use as the common name 
for certain type of product not related to the place of its production shall not be 
recognized as appellation of origin.  
 
Article 27.  Designations not Registered as appellations of origin  
 
The following designations shall not be registered as the appellations of origin : 
 1)  which represent in itself the names of geographic al ob ject capable to confuse 
with respect to the place of manufacturing of goods;  
 2)  which formally indicate to the true place of manufacturing of goods, but give 
the erroneous conception that the goods originate from other territory.  
 3)  which contain the g eographical indications not associated with the place of 
manufacturing of goods.  
 
Article 28.  Submission of an Application for the Appellation of Origin and Obtaining the 
Right to Use Appellation of Origin  
  
 Applications for the appellation of origin an d obtaining the right to use the 
appellation of origin (henceforth — application) shall be submitted to the organisation 
of experts.   
 
Article 29.  Requirements to Application  
 
 1.  The application shall be related to on e appellation of origin . 
 2.  The application shall be presented on the standard blank and it shall contain 
the following:  
 1)  the request for conducting an expert examination of an appellation and (or) 
for obtaining the right to appellation with the ment ion of the applicant (applicants) as 
well as its (their) location or place of residence;  О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  19  2)  designation sought;  
 3)  type of goods;  
 4)  description of special properties of goods;  
 5)  indication of the place of manufacture of goods (boundaries of the g eographic 
object).  
 3. If a geographic area, which name is claimed as an appellation of origin, is in 
the territory of the Republic of Kazakhstan, the application shall be accompanied by the 
conclusion of the local executive body that the applicant manufac tures goods within the 
geographical area, special features, quality, reputation or other characteristics of which 
mainly determined by the geographical natural conditions and (or) human factors.  
      The application for the granting the exclusive rights on the previously registered 
appellation of origin, in the territory of the Republic of Kazakhstan, shall be 
accompanied by the conclusion of the authorized body that the applicant produces a 
product within the geographical area with specific properties st ated in the State Register 
of Appellations of Origin of the Republic of Kazakhstan.  
      If a geographic area, which name is claimed as an appellation of origin, is outside 
the Republic of Kazakhstan, the application shall be accompanied by proof of the 
applicant's right to the claimed appellation of origin.  
      The application is also accompanied by proof of payment for services of expert 
organization for the examination. The amount of payment determined in accordance 
with the legislation of the Republ ic of Kazakhstan.  
      In the case of proceedings through a representative, the application is attached Power  
of Attorney.  
 4.  An application and documents attached to it shall be submitted in the Kazakh 
or Russian language.  When documents are presented  in other language, then the 
applicant shall be obliged within one months from the date of submission of application 
present its translation into the Kazakh  or Russian language.  
 5.  Requirements to compilation, formulation and consideration of applicatio ns 
shall be established by the authorised body.   
 
CHAPTER 8.  EXPERT EXAMINATION OF APPELLATIONS OF ORIGIN  
 
Article 30.  The Procedure for Conducting an Expert Examination  
  
 1.  The organisation of experts  shall within six months from the date of 
submissi on of the application conduct the expert examination in the course of which its 
compliance with requirements established in Articles 26, 27 and 29 of the present Law 
is reviewed.  
 2.  In the course of the expert examination the organisation of experts  shall have 
the right to request additional materials which must be submitted within three months 
from the date of submission of the request to the applicant.  
 In the case of a failure of the applicant to submit within the established deadline 
additional materi als, or petition on the extension of the indicated deadline, the record -
keeping shall be terminated, and the application shall be considered revoked.  
 
Article 31.  Decisions on Results of Expert Examination  О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  20  1.  Upon the results of the expert examination t he authorised body  shall adopt 
the relevant decision:  
 1)  on the registration of the appellation of origin , and (or) granting the right to 
use the appellation of origin ; 
 2)  on the refusal to register the appellation of origin , and (or) granting the righ t 
to use the appellation of origin . 
 2.  The applicant shall have the right, within three months from the day of 
forwarding to him the decision on the refusal to register, to submit a motivated objection 
with the request on the revision of the decision of the expert examination.  
 In the case of disagreement with repeatedly adopted decision of the expert 
examination, the applicant may submit the objection in accordance with the procedure 
as stipulated in paragraph 6 of Article 12 of the present Law.  
 
Article  32.  The Rights of the Applicant  
 
 In the performance of the expert examination of the appellation of origin  the 
applicant shall be granted the rights indicated in Article 13 of the present Law.  
 
CHAPTER 9.  THE REGISTRATION AND GRANTING THE RIGHT TO 
USE APPELLATION OF ORIGIN  
 
Article 33.  The Procedure for the Maintenance of the State Register of Appellations of 
Origin  
  
 1.  Appellations of origin, number and date of registration, description of specific 
properties of the goods, information on all owner s of the right to use the appellation of 
origin with indication of their place of residence (address), number and dates of 
submission of the applications and all subsequent amendments in that information, as 
well as other information pertaining to the regi stration shall be entered  by expert 
organisation  into the State Register of Appellations of Origin.  
 2.  The owner of the right to use the appellation of origin shall be obliged to 
notify the organisation of experts of changes concerning registration infor mation.  The 
entry on amendments shall be included by the expert organisation into the State Register 
of Appellations of Origin.   
 3.  The state register of appellations of origin shall be public.  Pursuant to the 
petition of interested parties the expert organisation shall provide extracts from the State 
Register of the Appellations of Origin.   
 
Article 34.  Terms of Effect of Registration of the Appellation of origin  and the Right to 
Use the Appellation of origin  
 
 1.  Registration of the appellation of  origin shall be in effect for an indefinite 
period of time, subject to the retention of the special properties of goods manufactured 
in the territory of the indicated geographical object.  
 2.  The right to use the appellation of  origin shall be effective du ring ten years 
from the date of submission of the application to the organisation of experts . 
 3.  The term of effect of the right to use the appellation  of origin shall be 
extended every time for ten years pursuant to the owner’s petition submitted during  the О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  21 last year, subject to the retention of the special properties of goods with respect thereto 
the name of the place of goods’ origin is registered.  
 4.  The petition on the extension of the term of effect of the right to use the 
appellation of origin sh all be submitted simultaneously with the conclusion of the 
authorised body in accordance with Article 29 of the present Law.  Information on the 
extension of the term of effect of the registration shall be entered to the State Register 
ofAppellations of Or igin, and to the certificate.  
 5.  The deadline for the submission of a petition as established in paragraph 3 of 
the present Article shall be restored pursuant to the application of the owner submitted 
within six months after the expiration of the term of  effect of the registration.  
 
Article 35.  Publication of Information on Registration  
 
 Information related to the registration of the appellation of  origin and granting 
the right to use the appellation of  origin, as well as subsequent amendments shall be 
published by the organisation of experts  in the bulletin immediately after their entering 
to the State Register of Appellations of Origin . 
 
Article 36.  Right to Use the Appellation of origin  
  
 1.  Extract from the State Registry of Appellations of Origin shall certify the fact 
of registration of the appellation of origin  and the exclusive right of the owner to use it 
with respect to goods indicated in the State Registry of Appellations of Origin . 
 2.  The form of the certificate shall be established by the  authorised body  . 
 
CHAPTER 10.  THE USE OF THE APPELLATION OF ORIGIN  
 
Article 37.  Terms of Use of the Appellation of origin  
 
 1.  The owner of the right to use the name of the appellation of  origin shall own 
the exclusive right of its use.  
 2.  It shall not be allowed to use without registration the  name of  geographic al 
object  which is identical to or similar to the extent of confusion with the registered 
appellation of origin with respect to homogeneous goods.  
 3.  It shall not be allowed to use the appe llation of origin  which represent or 
contain the name of geographical object  identifying mineral waters, wines, or strong 
alcohol drinks, for the designation of such goods not originated from said place, even 
though in this respect the actual place of orig in of goods is indicated, or the translation is  
used, or the designation is accompanied by expressions «of kind», «of type», «in the 
style of» or the like.  
 4.  There shall not be allowed alienation, other transactions involving the 
assignment of the righ t to use the appellation of  origin and granting the right to use the 
appellation of  origin on the basis of licensing agreement.  
 
Article 38.  Warning Marking  
 
 The owner of the right to use the appellation of  origin may place near the 
appellation of origin  the warning marking in the form of Latin letter , or wordy О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  22 designations «tayap шыгарылган жердин тиркелген атауы», «зарегистрированное 
наименование места происхождения товара», or «рег. НМПТ».  
 
CHAPTER 11.  TERMINATION OF VALIDITY OF THE LEGAL 
PROTECTION OF THE APPELLATION OF ORIGIN  
 
Article 39.  Contes ting registration of an appellation of origin and (or) the right to use the 
appellation of origin  
 
      1. Registration of the appellation of origin and (or) the right to use the appellation of 
origin may be challenged and invalidated if it was made in vi olation of the requirements 
stipulated by Articles 26, 27 and 29 of this Act.  
      2. Registration  of the appellation of origin and (or) right to use  an appellation  of 
origin may be challenged and invalidated within five years from the date of publication  
of information on state registration of an appellation of origin in the official gazette, if 
the use of an appellation of origin could mislead consumers as to the true identity of the 
good or its manufacturer due to the existence of an earlier in time tra demark which had 
become renown in Kazakhstan due to its active use .  
      3. Any interested person may on grounds specified in paragraphs 1 and 2 of this 
Article shall apply to the authorized body objection to registration of appellation of 
origin and (or ) the right to use the appellation of origin.  
 The objection must be considered in the manner and term prescribed by paragraph 2 
of Article 23 of this Act.  
 
Article 40.  Termination of Effect of Registration of the Appellation of Origin  and the 
Right to Us e the Appellation of Origin  and Recognition Them as Invalid  
  
 1.  The registration of the appellation of  origin shall be terminated in the 
following cases:  
 1)  in connection with disappearance of conditions specific for said geographical 
object and impos sibility to manufacture goods with properties indicated in the State 
Register of the  Appellations of Origin  with respect to said appellation of origin;  
 2)  in connection with the termination of the effect of legal protection of the 
appellation of  origin i n the country of origin.  
 2.  The effect of the right to use the appellation of origin  shall be terminated in 
the following cases:  
 1)  in connection with the expiration of the term of its effect stipulated in Article 
34 of the present Law.  
 2)  in connect ion with the loss by goods of specific properties indicated in the 
State Register of the Appellations of Origin  with respect to said appellation of origin ; 
 3)  on the basis of an application of the owner of the right to use the appellation 
of origin  submit ted to the authorised body ;  
 4)  in the liquidation of a legal entity or termination of business activity of a 
physical person – owner of the right to use the appellation of origin .  
 3.  The registration of the appellation of origin , and (or) granting th e right to use 
appellation of origin  shall be recognised as invalid pursuant to the decision of the 
appellate council, or the court under the basis as indicated in paragraph 1 of Article 39 
of the present Law.  О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  23  4.  The organisation of experts  shall introdu ce to the State Register of the 
Appellations of Origin the note on annulment of the registration of the appellation of 
origin , and (or) the right to use the appellation of origin  in connection with the 
termination of their effect or recognition them as inv alid. 
 
CHAPTER 12.  THE PROTECTION OF THE RIGHTS OF OWNERS OF 
TRADEMARKS AND RIGHTS TO USE APPELLATIONS OF ORIGIN  
 
Article 41.  Appellate Council  
  
1. The Appellate Council shall be a specialized structural subdivision of the 
authorized body for the pre -court  consideration of disputes with respect to objections 
raised in accordance with paragraph 6 of Article 12, paragraph 4 of Article 19, 
paragraph 2 of Article 23 and paragraph 2 of Article 39 of the present Law.  The 
Regulations concerning the Appellate Coun cil shall be approved by the authorized body.  
1-1. Pre-court  examination of disputes referred to in paragraph 1 of t his Article shall be 
binding.        
2. The following objections may be filed to the Appellate Council:  
      1) on the decision of the auth orized body (the conclusion of the expert organization) 
to refuse to register a trademark, including the refusal to register a trademark made on 
the results of the examination of declared designation, in accordance with paragraphs 1 
and 2 of Article 5 of t he Madrid Agreement;  
2) the decision of the authorized authority to refuse registration and (or) the right to 
use the appellation of origin;  
      3) the registration of a trademark, including in accordance with paragraph 6 of 
Article 5 of the Madrid Agree ment;  
      4) the registration and (or) the right to use the appellation of origin;  
      5) the registration of a trademark due to  its non -use. 
      The objection provided by subparagraph 1) and 2) of this paragraph, shall be  
supplied by the applicant o r his successor, either directly or through a representative.  
      The objection provided by subparagraph 3) -5) of this paragraph shall be  supplied by 
any interested person, either directly or through a representative.  
      Objection shall be  submitted to the authorized body  in written form  in Kazakh and 
Russian, either directly or by mail. The materia ls attached to the objection shall be  
submitted in Kazakh and Russian.  
      If an objection is filed by facsimile or e -mail, it must be confirmed to the original 
hard copy no later than one month from the date of receipt of such objections.  
      The objection shall be  filed within the terms established by this Law.  
      Missed deadline for objections by the applicant provided by subparagraph 1) and 2) 
of this paragraph may be re -established  upon application filed by the applicant within 
the terms established by this Act. The application shall be submitted simultaneously 
with an objection to the Appellate Council.      3. In the case of filling an objecti on by a 
patent agent or other representative a power of attorney shall be submitted in Kazakh 
and Russian; if a power of attorney shall be submitted in other (foreign) language, power  
of attorney shall be translated into Kazakh and Russian and notarized. T he original of 
notarized power of attorney shall be attached to the objections materials or it shall be О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  24 submitted together with a copy to the Secretary of the Appellate Council to confirm 
notarization.  
      4. Objection shall be considered at the board me eting of the Appellate Council 
within the term prescribed by this Law. This term may be extended at the request of the 
person who filed the objection and the patentee, but not more than for six months from 
the date of expiry of the deadline for the conside ration of objection.  
      5. A person filed an objection and the patentee have the right to appeal against the 
decision of the Appellate Council within six months from the date of the decision.  
       
Article 41 -1. Grounds for refusal to consider objecti on in the Appellate Council  
 
      1. Acceptance of objection for consideration shall be refused if:  
      1) an objection according the legislation of the Republic of Kazakhstan is not 
subject to consideration in the Appellate Council;  
      2) an object ion is not signed or signed by a person not having an authority to sign it;  
      3) an objection is submitted with the violation of the specified term and the 
possibility of its extension and re -establishment is lost;  
      4) an applicant within the pres cribed period did not comply with requirements for 
content and procedure for submission of objection.  
      In case of the presence of these circumstances the person submitted the objection 
shall be notified that an objection shall not be taken into consid eration and shall be 
considered as not submitted.  
      A person submitted an objection or his representative may withdraw an objection 
before the announcement of the decision of the board of the Appellate Council.  
 
Article 41 -2. Consideration of objection  at the board meeting of the Appellate Council  
 
      1. Consideration of the objection shall be carried out at the board meeting of the 
Appellate Council consisting of not less than five members. Prior to the start of the 
dispute consideration the confide ntiality of the members of the board of Appellate 
Council must be provided.  
      To provide conclusions at the board meeting of the Appellate Council 
representatives of scientific organizations and specialists of appropriate profile may be 
invited.  
      2. Board of the Appellate Council shall have the right to postpone the meeting in 
case of:  
      1) inability to consider the objections at this meeting due to the absence of any of the 
persons entitled to take part in the consideration of objections;  
      2) need to submit the missing or additional documents (evidence) for a decision -
making by parties;  
      3) the request of the parties.  
      3. Individuals participating in the consideration of objection have a right to:  
      1) become familiar with th e case, make extracts, order and receive copies thereof;  
      2) present evidence;  
      3) participate in examination of the evidence;  
      4) question the participants of Appellate process;  
      5) make a petition;  О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  25       6) give oral and written expla nations to the members of the Board of Appellate 
Council;  
      7) present their arguments and views on all issues arising during the consideration of 
objections to the issues;  
      8) oppose the petitions, arguments and views of others involved in the ca se. 
      4. In order to resolve a dispute the Board of Appellate Counsel shall make a 
decision.  
      Decision shall be taken by a simple majority vote of the Board members of 
Appellate Council. When votes are equal the Chairman’s vote of the board meetin g of 
the Appellate Council shall be decisive.  
      Upon consideration of objections the following decisions shall be made:  
      1) satisfy the objections;  
      2) partially satisfy the objections;  
      3) postpone consideration of objections;  
      4) dismiss the objection.  
      5. Within the ten working days from the date of the decision the Board of Appellate 
Council shall prepare and send the decision to the parties of the Appellate Council. The 
decision of the Appellate Council shall be in writing  and shall consist of an introduction, 
descriptive part, reasoning and conclusion.  
      The decision of the Appellate Council shall be signed by all members of the Board 
of Appellate Council.  
 
Article 42.  Consideration of Disputes  
  
 1.  The following di sputes shall be subject to consideration in a judicial 
procedure:  
 1)  concerning the lawfulness of the  registration of trade mark or appellation of 
origin ; 
 2)  concerning the violation of the exclusive right of the owner of the trademark 
or the right to  use the appellation of origin ; 
 3)  concerning the conclusion and implementation of licensing agreements for 
the use of trademark;  
 3-1)  concerning the legitimacy of recognition of a trademark as well -known;   
 4)  other disputes associated with the prote ction of rights ensuing from the  
registration . 
 1-1. Applications for  decision of the authorized body referred to in paragr aph 2 
of Article 41 of this Law must be submitted to the  court after considerati on of the 
relevant objections by  the Appe llate Counc il. 
 2.  The organisation of experts  on the basis of the court decision shall carry out 
the publication of information on amendments related to the registration.  
 
Article 43.  Responsibility of Legal Entities and Physical Persons for Violation of 
Legislati on on Trademarks and Appellations of Origin  
  
 1.  The unauthorised introduction into civil circulation of a trademark or 
appellation s of origin or appellations similar to it to a degree of confusion with regard to 
homogeneous goods and services, and in the  case of a well -known trademark — with О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  26 regard to any goods and services, shall be recognised as violation of the exclusivity right 
of the owner of a trademark or right to use the appellation of of origin.   
 Also, unautho rised use of a trademark or appellation of origin in publicly 
available telecommunication networks (internet etc.), shall be recognised as violation of 
the exclusivity right of the owner of the trademark or the right to use the appellation of 
origin.   
 2.  For the use of protected trademark or the appellation of origin , as well as the 
designation similar with it to the extent of confusion for homogeneous goods with 
violation of requirements of the present Law the guilty persons shall bear the 
responsibility  in accordance with the laws of the Republic of Kazakhstan.  
 
Article 44.  Liability of a Person who Violated the Rights of the Owner of Trademark or 
the Right to Use the Appellation of origin   
 
 Any person unlawfully using trademark or appellation of origi n or 
confusingly similar designation shall be bound:  
1) discontinue infringement and compensate damages to the owner of a 
trademark, or the owner of right to use an appellation of origin;  
2) destroy goods and packaging bearing illegal trademark, appellat ion of origin 
or confusingly similar designation, except of original goods with trade mark placed by 
right holder himself . In those cases where introduction of such goods into circulation is 
necessary for social purposes, - destroy illegally used image of a trademark, appellation 
of origin or confusingly similar designation from goods and its packaging;  
3) remove trademark or confusingly similar designation from materials that 
accompany fulfillment of works or services, including from documentation and 
adve rtisements.  
 
CHAPTER 13.  CONCLUDING PROVISIONS  
 
Article 45.  The State Duty and Payment for Actions of An Expert Organisation  
 
 For  performance by the authorised body of actions  on registration of trade marks 
and appellations of origin, registration of w ell-known trade mark, registration of 
agreements, attestation of patent agents and issuance of certificate on registration of 
patent agent  the state duty shall be collected in accordance with the tax legislation of the 
Republic of Kazakhstan.  
  
Article 46.   Patent Agents  
 
 1. Legally capable citizen of the Republic of Kazakhstan who permanently resides in 
its territory, with higher education and work experience in the field of intellectual 
property not less than four years, certified and registered by the authorized body in the 
field of intellectual property shall be a patent agent.  
      In order to certificate candidates as patent agent the authorized body forms 
Certification Commission from the staff of the authorized institution and expert 
organization.  The minimum number of members of the certification committee shall be 
not less than five employees.  О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  27       Certification of candidates as patent agent shall be conducted by the authorized body 
at least once a year upon receipt of applications from candidat es to the patent agent.  
      As a result of certification Certification Commission shall make a decision to certify 
or deny certification of the candidate. The form of decision of Certification commission 
shall be approved by the authorized body.  
      The decision of Certification commission shall be appealed in court within three 
months from the date of decision.  
      Successful candidates of qualification examination shall receive a certificate of 
patent agent, in accordance with the form set by the a uthorized body.  
      State duty for the certification of candidates for patent agents and issue of the 
certificate shall be determined by the tax legislation of the Republic of Kazakhstan.  
      2. The following persons shall not be accepted for certifica tion of candidates for 
patent agents:  
      1) those who in accordance with the legislation of the Republic of Kazakhstan are 
not allowed to be engaged in entrepreneurial activities;  
      2) employees of the authorized body and its subordinate organizatio ns, as well as 
their close relatives, spouse;  
      3) those who has a conviction;  
      4) those who are excluded from the register of patent agents in accordance with this 
Law.  
      3. Activity of a patent agent shall be suspended by the protocol decisi on of the 
Certification Commission:  
      1) based on the application of a patent agent submitted to the Certification 
commission;  
      2) for the period referring to persons who in accordance with the legislation of the 
Republic of Kazakhstan are prohibi ted from engaging in entrepreneurial activity, 
including the staff of the authorized body and its subordinate organizations;  
      3) in order to clarify the circumstances provided by subparagraphs 2) and 6) of 
paragraph 1 and paragraph 5 of Article 36 -2 of this Law.  
      In the case provided by subparagraph 3) of this paragraph, the activity of a patent 
agent shall be suspended for three months until the decision is taken by the Certification 
Commission.  
      The activity of a patent agent shall be resu med by the protocol decision of the 
Certification Commission in the case if the shortcomings caused by the suspension of its 
activities are removed.  
      4. Patent agent as a representative of the applicant or patentee shall carry out activity 
related to the conduct of business with the authorized body and the expert organization 
on the legal protection of intellectual property. Conduct of business with the authorized 
body and the expert organization may also be carried out by the applicant and (or) the 
patent owner himself.  
      Natural persons who reside beyond the territory of the Republic of Kazakhstan, or 
foreign legal entities shall exercise the rights of the applicant and patentee as well as the 
rights of the interested person in the authorized bod y and its organization through patent 
agents.  
Natural persons who permanently reside in the Republic of Kazakhstan, but are 
temporarily situated beyond its territory, may exercise the rights of the applicant, О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  28 patentee, as well as the rights of the interes ted person without a patent agent, specifying 
an address for the letter exchange within the Republic of Kazakhstan.  
      5. Information which a patent agent receives from the trustor in connection with the 
performance of his/her instructions shall be reco gnized as confidential subject to 
condition of compliance with the requirements of the legislative acts of the Republic of 
Kazakhstan on confidential information or other secrets protected by the law.  
 
Article 46 -1. The rights and obligations of a patent a gent 
 
      1. A patent agent shall be entitled to carry out to the benefit of the applicant 
(individual or legal entity), the employer concluded an employment contract with him, 
or a person concluded with him or his employer a civil contract, the followin g activities:  
      1) advise on the protection of intellectual property rights, acquisition or transfer of 
intellectual property rights;  
      2) preparation of applications for inventions, utility models and industrial designs on 
behalf of the customer,  principal, employer;  
      3) interaction with the authorized body and (or) expert organization for the 
protection of rights for inventions, utility models and industrial designs, including letter 
exchange, preparation of the objections for the decision o f examination, participation in 
meetings of the advisory council of experts organization;  
      4) assist in the preparation, consideration and onward dispatch for examination of 
licensing (sublicensing) agreements and (or) contracts of assignment.  
      2. Powers of patent agent attorney shall be certified by a power of attorney.  
      3. If patent agent submits a copy of power of attorney to conduct of businesses 
related to the filing of applications for inventions, utility models and industrial designs, 
and (or) receipt of protection documents, as well as filing an objection to the Appellate 
Council within three months from the date of this application or objection patent agent 
shall be obliged to submit the original power of attorney, respectively, to th e expert 
organization and the authorized body. After confirming the authenticity of the original 
power of attorney must be returned.  
      If the power of attorney is made in a foreign language, its notarized translation into 
Kazakh and Russian must neces sarily be represented.  
      4. A patent agent shall be obliged not to accept a commission in cases if earlier he 
represented or advised persons whose interests are contrary to the interests of the person 
requesting the conduct of business, and if the case  involves an official, who is closely 
related to a patent agent, her/his husband (wife), and (or) his (her) close relative.  
     
  Article 4 6-2. Revocation and cancellation of certificate of patent agent  
 
      1. A patent agent shall be excluded from the register of patent agents by the decision 
of certification commission:  
      1) on the basis of personal application submitted to the Certification Commission;  
      2) upon termination of citizenship of the Republic of Kazakhstan or permanent 
residence ou tside the Republic of Kazakhstan;  
      3) in the event of interrupt of professional patent agent activity for more than five 
years;  О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  29       4) upon the entry into force of a judgment of conviction, by which the patent agent 
was convicted of committing a cri me; 
      5) in the case of the death of a patent agent or his recognition as missing or declared 
dead;  
      6) in the event of acknowledgement of a patent attorney as legally incompetent.  
      2. In the case of exclusion of patent agent from the registe r of patent agents on the 
grounds specified in subparagraphs 4), 5) and 6) of paragraph 1 of this Article, the 
certificate shall be canceled by the decision of certification commission. Information 
about the cancellation of the certificate shall be entered  in the register of patent agents.  
      3. In the cases specified in subparagraphs 1), 2) and 3) of paragraph 1 of this article, 
certificate of a patent agent shall be revoked by the decision of certification commission 
based on the application of the pat ent agent or the third party.  
      Patent agent, excluded from the register on the grounds of subparagraphs 1) and 2) 
of paragraph 1 of this Article may be re -registered as a patent agent without re -passing a 
qualifying examination, in case of the termin ation of reasons of exclusion from the 
registry, and application to the Certification Commission within three years from the 
date of publication of the decision to remove from the registry. Certification 
Commission according to the documents submitted shal l establishe the fact of 
termination of the grounds specified in subparagraphs 1) and 2) of paragraph 1 of this 
article.  
      4. Patent agent, excluded from the register of patent agents, shall lose the right to 
pursue activities of a patent agent and a certificate of his registration as a patent agent 
shall be revoked or canceled.  
      5. In the case of unfair performance by patent agent of his duties, prescribed by this 
Law, the authorized body shall form the Appellate Commission, which shall consist of 
an odd number of members of the authorized body.  
      The Appellate Commission shall be a collegial body, and investigate complaints of 
natural and (or) legal entities representing the actions of their rights and legitimate 
interests of patent agents, committed, according to them, in violation of applicable 
legislation.  
      As a result of a complaint Appellate Commission shall recommend the authorized 
body to refer to court a lawsuit to annul a certificate of patent agent or make one of the 
following decisions:   
      1) postpone consideration of the complaint due to lack of evidence or to clarify the 
circumstances that contribute to making objective decisions;  
      2) dismiss the complaint.  
      Decision of appellate commission shall be made by sim ple majority vote and 
registered in the minutes. Decision of appellate commission may be appealed in court.  
      The regulation of the Appellate commission shall be established by the authorized 
body.  
 
Article 47.  Registration in Foreign Countries  
 
 1.  Legal entities and physical persons of the Republic of Kazakhstan shall have 
the right to register the trademark in foreign countries, or perform its international 
registration.  О товарных знаках, знак ах обслуживания и наименованиях мест 
происхождения товаров  
 
© 2005 -2011  by SID/ QSE no part of this publication may be copied without Proprietor's written consent  30  An application for international registration of trademark shall be submitted  
through the organisation of experts . 
 2.  The registration of the appellation of origin  in foreign countries shall be 
carried out after its registration and obtaining the right to use this appellation of origin  in 
the Republic of Kazakhstan.  
 
Article 48.  The Rights of Foreigners, Foreign Legal Entities and Stateless Persons  
 
 Foreigners, foreign legal entities, stateless persons shall enjoy the rights and bear 
obligations stipulated by the present Law on a par with legal entities and physical  
persons of the Republic of Kazakhstan, unless otherwise stipulated by legislative acts of 
the Republic of Kazakhstan.  
 
President of the Republic of Kazakhstan  
N. Nazarbaev