National Institute of Intellectual Property
Procedure for extending the term of validity of registration of the right to use a geographical indication and appellation of origin of goods
Registration of the right to use a geographical indication and (or) appellation of origin of goods shall be valid for ten years from the date of submission of the application to the service provider.
The term of validity of registration of the right to use the geographical indication and (or) the appellation of origin of goods shall be extended each time for ten years at the request (hereinafter - the request) of the owner submitted during the last year of its validity, in respect of which the right to use the geographical indication and (or) the appellation of origin of goods is registered in accordance with paragraph 3 of Article 34 of the Law.
The application shall be submitted to the service provider during the last year of the term of registration of the right to use a geographical indication and (or) appellation of origin of goods according to Annex 22 to the Rules.
The application shall be submitted in the Kazakh or Russian languages.
The application for extension of the term of validity of the registration of the right to use a geographical indication and (or) appellation of origin of goods shall be submitted simultaneously with the conclusion of the competent authority.
The petition shall be signed by the right holder or a representative acting on the basis of a power of attorney.
Attached to the petition are:
1) a document confirming payment for the extension of the term of validity of the registration of the right to use a geographical indication and (or) the appellation of origin of goods and publication of information on the extension in the bulletin;
2) conclusion of the local executive body pursuant to paragraph 3 of Article 29 of the Law (regarding the appellation of origin of goods);
3) power of attorney (if the petition is filed by a representative) or copies of the power of attorney (if the petition is filed by a patent attorney).
The application and the documents attached to it shall be submitted directly to the service provider, sent by mail or to the company's e-mail address.
The application and attached documents shall be considered within 10 (ten) working days from the date of their receipt by the Service Provider.
In case of submission of an incomplete package of documents according to paragraphs 58, 59 of the Rules, the applicant shall submit the required documents not later than 20 (twenty) working days from the date of sending the request of the service provider. In case of failure to submit the relevant documents, the term of validity of the right to use the appellation of origin of goods shall not be prolonged, about which the relevant notification shall be sent to the address of the person who submitted the application.
Reinstatement of the missed deadline for payment of GI and NRMT extension fees
In accordance with paragraph 5 of Article 34 of the Law, the deadline for filing an application shall be restored upon application of the owner filed within six months after the expiration of the registration. In this case, for the restoration of the missed deadline the applicant shall pay the service fee of the service provider.
In case of extension of the validity period of the registration of the right to use a geographical indication and (or) an appellation of origin, the relevant entries are entered into the State Register of Geographical Indications, the State Register of Names of Places of Origin of the Republic of Kazakhstan, published in the bulletin, and an appropriate Notification of the extension of the registration period is sent to the owner / representative in electronic form. the use of a geographical indication and (or) an appellation of origin in accordance with Appendix 23 to the Rules.
The following regulatory legal acts of the Republic of Kazakhstan regulate the extension of the validity period of the State Tax Code and the NMPT and the restoration of the missed payment period for the extension of the State Tax Code and the NMPT:
