Unofficial translation
In accordance with subparagraph 64) of Article 138, Articles 141, Article 143, of the Entrepreneur Code of the Republic of Kazakhstan dated October 29, 2015, Article 22-1 of the Law of the Republic of Kazakhstan dated 18 March 2002 "On the Bodies of Justice" we hereby ORDER:
1. To approve the attached checklist for the use of a trademark, service mark, geographical indication of goods or company name.
2. Joint order № 647 of the Minister of Justice of the Republic of Kazakhstan, dated December 25, 2015 and № 834 of Acting Minister of National Economy of the Republic of Kazakhstan dated December 30, 2015 "On Approval of the Checklists in the Sphere of Use of Items of Industrial Property "(registered in the Register of State Registration of Regulatory Acts Legal Acts under № 12690, published on December 31, 2015 in Adilet Legal Information System).
3. The Department for Intellectual Property Rights of the Ministry of Justice of the Republic of Kazakhstan, in accordance with the legislation of the Republic of Kazakhstan shall:
1) ensure state registration of this joint order;
2) within ten calendar days from the date of state registration of this joint order with the Ministry of Justice of the Republic of Kazakhstan, send its copy both in the Kazakh and Russian languages to the Republican State Enterprise on the Right Economic Management "Republican Center of Legal Information" of the Ministry of Justice of the Republic of Kazakhstan for official publication and inclusion in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;
3) place this joint order on the official Internet resource of the Ministry of Justice of the Republic of Kazakhstan after its official publication.
4. Control over execution of this joint order shall be entrusted to the supervising Vice-Minister of Justice of the Republic of Kazakhstan, the supervising Vice-Minister of National Economy of the Republic of Kazakhstan
5. This joint order shall be enforced upon expiry of ten calendar days after the day of its first official publication.
| Minister of Justice of the | |
| Republic of Kazakhstan | M. Beketayev |
| Minister of National Economy | |
| of the Republic of Kazakhstan | T. Suleimenov |
AGREED
with the Legal Statistics and
and Special Accounts Committee
of the Prosecutor General’s Office
of the Republic of Kazakhstan
| Approved by joint order № 1517 of the Minister Justice of the Republic of Kazakhstan dated October 31, 2018 and № 48 of the Minister of National Economy of the Republic of Kazakhstan Dated October 31, 2018 |
Checklist
Footnote. Annex - as revised by joint order of the Acting Minister of Justice of the Republic of Kazakhstan № 978 of 30.11.2022 and Acting Minister of National Economy of the Republic of Kazakhstan № 105 of 30.11.2022 (shall be effective since 01.01.2023).
In the sphere of use of a trade mark, service mark, appellation of origin of goods or trade name
____________________________________________________________________
pursuant to Article 138
____________________________________________________________________
of the Entrepreneurial Code of the Republic of Kazakhstan in relation to individuals and legal entities.
Name of homogeneous group of entities (facilities) under supervision
____________________________________________________________________
____________________________________________________________________
Public authority that ordered the inspection
____________________________________________________________________
Act on the appointment of an inspection ________________________________
№, date
Name of the entity (facility) under supervision
____________________________________________________________________
(Individual Identification Number), business identification number of
the entity (facility) under supervision
____________________________________________________________________
Location address
№ | List of requirements | Complies with the requirements | Does not comply with the requirements |
1 | 2 | 3 | 4 |
1 | Use without the consent of the owner (right holder) of a trade mark, service mark, appellation of origin of goods or designations similar to them to the extent of confusion in respect of homogeneous goods or services | ||
2 | Presence of registration of relevant agreements on the transfer/grant of the right to the trademark | ||
3 | Use of a trade mark in respect of goods that have been lawfully put into circulation in the territory of any of the member states of the Eurasian Economic Union directly by the owner (right holder) of the trade mark or by other persons with his/her consent |
Official(s) (a) __________________________________________________
position, signature
__________________________________________________________________________
surname, first name, patronymic (if any)
Head of the entity being monitored _____________________________________________
position, signature
__________________________________________________________________________
surname, first name, patronymic (if any)