Changed on 03/11/2021 - 17:14
According to paragraph 3 of Article 14 of the Law of the Republic of Kazakhstan "On Trademarks, Service Marks and Appellations of Origin", the owner of the trademark is obliged to notify the expert organization of changes related to registration, including information on changes in his last name, first name and patronymic (if any), place of residence or name and location, as well as on reducing the list of goods (services) in respect of which a trademark is registered that does not change the registration in essence.
In accordance with clauses 18-22 of the "Rules for the registration of trademarks and appellations of origin in the State Register of Trademarks and the State Register of Appellations of Origin, Forms of Certificates and the Issuance of Documents of Title and their duplicates, termination of registration and invalidation of it" the expert organization enters into the State Register information on subsequent changes and additions to the legal status of registration of a trademark, well-known trademark on the basis of decisions of the authorized body, the Board of Appeals, judicial authorities and petitions of the owners (rightholders) (their successors or representatives):
1) on a registered agreement on the transfer of rights to a protected trademark;
2) on a registered license (sublicense) agreement on the granting of the right to use a trademark;
3) on the pledge agreement;
4) on the contract for a complex entrepreneurial license;
5) on additional agreements to registered agreements;
6) on recognizing the registration as invalid in whole or in part;
7) on the termination of the registration;
8) on the termination of the registration at the initiative of the owner;
9) on the extension of the period of validity of registration of a trademark, well-known trademark;
10) on changing the name of the owner (rightholder) in connection with his reorganization (succession) and / or on changing the address of his location;
11) on changing the last name, first name and patronymic (if any) of the owner (rightholder) and / or on changing the address of the place of residence;
12) on reducing the list of goods (services) in respect of which a trademark is registered, which does not change the registration in essence;
13) on changing the representative of the owner (rightholder);
14) on changing the address for correspondence;
15) on the correction of obvious and technical errors, as well as on other changes related to registration.
Changes are made by filing an application for making the appropriate changes indicating the registration number, official name of the legal entity, last name, first name and patronymic (if any), address of the location of the legal entity, place of residence of the individual, as well as the corresponding payment for making changes.
The application is submitted in Kazakh or Russian.
The petition is signed by the owner (rightholder) or a patent attorney, or another representative acting on the basis of a power of attorney.
The application is accompanied by:
1) copies of documents confirming the corresponding change;
2) a document confirming payment for making changes;
3) power of attorney (if the application is submitted by a representative) or copies of the power of attorney (if the application is submitted by a patent attorney).
The application and the attached documents are considered within ten working days from the date of their receipt by the expert organization.
In case of submission of an incomplete package of documents in accordance with clause 20 of these Rules, the applicant must, no later than 20 working days, from the date of sending the request to the expert organization, provide the necessary documents. If the relevant documents are not provided, changes are not made, about which the person who submitted the application is notified.
When changes are made, the corresponding entries are made in the State Register of Trademarks of the Republic of Kazakhstan, published in the bulletin, and a corresponding notification is sent to the applicant on the introduction of the corresponding changes.
When changes are made to the name of the owner as a result of reorganization and / or liquidation of a legal entity, the application is signed and submitted in accordance with the legislation of the Republic of Kazakhstan. In this case, the interested party submits documents confirming the changes (during reorganization), and / or proving the fact of the liquidation of the legal entity and the lack of transfer of the corresponding rights.
In the event of the death of an individual - the owner (rightholder) of the trademark, the interested party, together with the petition for amendments, provides notarized documents confirming the right to inheritance (will).
In the event of a partial assignment of goods and / or / services within a certain trademark, two independent owners are formed. A trademark formed as a result of a partial assignment is registered in the State Register under the same number with the addition of a Latin letter. Registration information is entered in the State Register and published in the official bulletin and a certificate is sent to the applicant within three working days.
Correction of errors in the content of the application or the document submitted by the owner of the trademark, reflected in the State Register, and information published in the bulletin, is made at the request of the owner of the trademark.
Changes related to registration, except for the change of the address for correspondence and the representative, are published in the newsletter.