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Home / Laws / Article 31. Decisions based on the results of the examination of the Law on Trademarks, Service Marks, Geographical Indications and Names of Places of Origin of Goods

Article 31. Decisions based on the results of the examination of the Law on Trademarks, Service Marks, Geographical Indications and Names of Places of Origin of Goods

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 31. Decisions based on the results of the examination of the Law on Trademarks, Service Marks, Geographical Indications and Names of Places of Origin of Goods

     1. Based on the results of the examination, a decision is made.:

     1) on the registration of a geographical indication and (or) the granting of the right to use a geographical indication;

     2) refusal to register a geographical indication and (or) grant the right to use a geographical indication;

     3) on registration of the appellation of origin and (or) granting the right to use the appellation of origin;

     4) refusal to register the appellation of origin and (or) grant the right to use the appellation of origin.

     2. The applicant shall be notified of the decision provided for in paragraph 1 of this article.

     In the cases specified in subitems 2) and 4) of paragraph 1 of this article, the relevant expert opinions shall also be sent to the applicant.

     3. The applicant has the right, within three months from the date of sending him the expert opinion on the refusal of registration, to submit a reasoned objection, based on the results of which the expert organization issues a final opinion within three months from the date of receipt of the objection.

     On the basis of the final conclusion, the expert organization makes the decision provided for in paragraph 1 of this article.

     4. The applicant shall pay for the services of an expert organization for registration of a geographical indication and (or) the right to use a geographical indication, registration of an appellation of origin and (or) the right to use an appellation of origin within three months from the date of notification of the decision on registration. If a document on payment for the specified service is not submitted, the application for a geographical indication or an application for an appellation of origin is deemed withdrawn and the record keeping on them is terminated.

      5. In case of disagreement with the final conclusion, the applicant may file an objection in accordance with the procedure provided for in paragraph 5 of Article 12 of this Law.

 

 

The Law of the Republic of Kazakhstan dated July 26, 1999 No. 456.

     This Law regulates relations arising in connection with the registration, legal protection and use of trademarks, service marks, geographical indications and names of places of origin of goods in the Republic of Kazakhstan.

 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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