National Institute of Intellectual Property
Examination of the materials of an application for registration of a geographical indication and/or granting the right to use a geographical indication is carried out within three months from the date of applying, during which its compliance with the requirements established by Articles 26, 27 and 29 of the Law "On Trademarks, Service Marks and Appellations" is checked places of origin of goods.
During the examination, the following are checked:
1. Compliance of the description of the special qualities of the goods with the data contained in the State Register of the GI of the Republic of Kazakhstan, if the declared designation is already registered as a GI;
2. the existence of a geographical entity whose name is being claimed as a GI on the date of application;
3. compliance of the declared designation with the official modern name of the geographical object or its official historical name;
4. availability of information confirming the location of the geographical object, the name of which is declared as a GI, exactly in the area whose boundaries are indicated in the application.
Verification of the content of the conclusion of the local executive body consists in establishing the availability of information confirming:
1. the presence of the applicant in the locality, the name of which is claimed as a GI;
2. production by the applicant of the goods specified in the application on the territory of the locality, the name of which is declared as a GI;
3. the presence of the goods produced by the applicant of special qualities, reputation or other characteristics determined exclusively and (or) mainly by the natural conditions and (or) human factors characteristic of the geographical object specified in the application.
Based on the results of the examination, a decision is made:
1) on registration of a geographical indication and (or) granting the right to use a geographical indication;
2) on refusal to register a geographical indication and (or) granting the right to use a geographical indication;
The applicant is sent a notification of the decision provided for in paragraph 1 of Article 31 of the Law of the Republic of Kazakhstan “On Trademarks, Service Marks and Appellations of Origin”.
The applicant has the right, within three months from the date of sending him an expert opinion on the refusal to register, to submit a reasoned objection, based on the results of consideration of which the expert organization issues a final opinion within three months from the date of receipt of the objection.
Based on the conclusion, the expert organization makes a decision, provided for in paragraph 1 of Article 31 of the Law "On Trademarks, Service Marks and Appellations of Origin".
