OVERCOMING PATENT OFFICE’S ACTION ON REFUSAL IN TRADEMARK REGISTRATION Grounds for refusal
To be registered a trademark should meet specific requirements stipulated by the provisions of Articles 6 and 7 of the Law of the Republic of Kazakhstan dated July 26, 1999, No. 456-I On Trademarks, Service Marks and Appellations of Origin (hereinafter – the Law). Designations which:
• reproducing state emblems, flags, and emblems,
• abbreviated names or contain full names of international organizations and their flags and emblems;
• contain official control, guarantee and assay marks, seals, Olympic symbols, awards, and other insignia, as well as signs similar to them to the extent of confusion; cannot be registered as trademarks. In addition, designations that are confusingly similar to registered or filed for registration trademarks with an earlier priority in relation to similar goods or services may not be registered as well.
Decision making
A preliminary decision on registration or on refusal to register a trademark is made in the course of a full examination, which is carried out within 7 months from the filing date. When making a preliminary decision on refusal in trademark registration, the applicant has the right to file a motivated objection within three months. In the result of consideration of a motivated objection, the expert organization issues a final decision on registration or refusal in registration.
Documents required
An objection to a preliminary refusal to register a trademark should be supported by:
– do not have a distinctive ability;
– a document confirming payment of the services of the Patent Office for consideration of an objection;
– documents confirming the arguments provided in the objection (at the discretion of the applicant);