Article 1024. Conditions of legal protection of a trademark of the Civil Code of the Republic of Kazakhstan
1. Legal protection of a trademark is granted on the basis of its registration, or without registration on the basis of international treaties to which the Republic of Kazakhstan is a party.
A trademark (service mark) is a verbal, pictorial, three-dimensional or other designation registered or protected without registration by virtue of an international agreement, which serves to distinguish goods or services of one person from similar goods and services of other persons.
If the trademark (service mark) of one individual or legal entity turns out to be identical or confusingly similar to the brand name of another legal entity and, as a result of such identity or similarity, may mislead consumers, the provisions provided for in paragraph 4 of Article 1020 of this Code shall apply.
2. Designations whose registration as a trademark is not permitted, the procedure for registration of trademarks, termination and invalidation of registration, as well as cases in which legal protection of unregistered trademarks may be permitted, are determined by legislative acts on trademarks.
3. The right to a trademark is certified by a certificate.
President
Republic of Kazakhstan
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