Commentary to article 38. Name of the legal entity of the Civil Code of the Republic of Kazakhstan
The name of a legal entity is its verbal designation, which makes it possible to individualize a legal entity, that is, to distinguish it from the mass of all other legal entities of the same or another profile, the same or another region, the same or another type. The name may give an accurate description of the activities of a legal entity, for example, Kazakh State Law University. On the contrary, it can be a purely symbolic designation: for example, the production cooperative "Morning". It is only important that, among all other registered legal entities, there is no other legal entity with the same complete verbal designation, in particular with those keywords that individualize this legal entity.
In common practice, legal entities are often abbreviated, but the name must be complete in all official documents.
In addition to the mandatory information mentioned in the commented article, the name of the legal entity must contain some information established by legislative acts for certain types of legal entities. Thus, Article 7 of the Decree on a State-owned Enterprise establishes that the name of a state-owned enterprise must contain references to the owner of the property, to belonging to the type of state property and to departmental subordination.
The name of the legal entity is placed on its letterheads and all official documents sent on behalf of this legal entity to government agencies, business partners and other third parties.
The name of commercial legal entities is referred to by the commented article as the brand name. With the permission of legal entities, which is usually provided for money, the brand name can be used by another legal entity.
In addition to the brand name, a commercial legal entity may use such means of individualization as a trademark or service mark. The corresponding foreign term is translated into Russian as a trademark. The Law of the Republic of Kazakhstan "On Trademarks, Service Marks and Appellations of Origin" was adopted on January 18, 1993. Article 4 of the Law defines a trademark (service mark) as a registered verbal, pictorial, three-dimensional, or other designation that serves to distinguish goods or services of some business entities from similar goods and services of other business entities. By using the trademark, we can determine who manufactured this product and, therefore, select the product made by the manufacturer we need. At the same time, with the help of a trademark, we can find out who to contact with claims and demands if the product turns out to be of poor quality, incomplete, etc.
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
The commentary was prepared within the framework of the scientific and practical research program of the Scientific Research Center of Private Law of the Kazakh State Law University.
Head of the working group on the preparation of the draft Civil Code of the Republic of Kazakhstan, Corresponding Member of the Academy of Sciences of the Republic of Kazakhstan, Professor Suleimenov M.K.
Deputy head Professor Basin Yu.G.
