Eurasian trademark

21.01.2022

On March 3, 2021, the Minister of Justice of the Republic of Kazakhstan, Marat Beketayev, submitted to the Majilis of the Republic of Kazakhstan a draft law "On Ratification of the Treaty on Trademarks, Service Marks and Appellations of Origin of Goods of the Eurasian Economic Union".

After discussion, this bill was approved by the Mazhilis of the Republic of Kazakhstan.

In this case, we are talking about the formation of a regional system for the registration and protection of trademarks and appellations of origin. Until that time, there were two mechanisms for obtaining legal protection of trademarks in Kazakhstan: national and international (intellsob.kz). Now, thanks to the use of the regional mechanism of legal protection, trademarks of Kazakhstani producers can operate and be protected on the territory of all EAEU member states (Kazakhstan, Russia, Belarus, Kyrgyzstan, Armenia).

Thus, the legal protection of the Eurasian trademark is provided in the territories of all member states of the Eurasian Economic Union. The owner of the Eurasian trademark has the exclusive right to use it and prohibit other persons from using it or a designation confusingly similar to it in relation to homogeneous goods and (or) services. (consultant.ru)

As you know, the Eurasian Patent Convention entered into force on August 12, 1995 (gnp.by). Initially, cooperation in the Eurasian Patent Organization, established by the Eurasian Patent Convention) was carried out in relation to such an object of intellectual property as an invention. The next object of intellectual property on which Eurasian cooperation began to be carried out was an industrial design (intellsob.kz). And now the time has come for the Eurasian trademark. That is, we can state the gradual coverage of almost all intellectual property objects by the Eurasian cooperation. To date, there is practically only one object of intellectual property that is outside the framework of Eurasian cooperation - a utility model. There is no doubt that over time the scope of Eurasian cooperation will also extend to it.

Thanks to the operation of the Eurasian trademark in Kazakhstan, there will certainly be a simplification and reduction in the cost of the procedure for obtaining a title of protection that is valid in all member states of the Eurasian Economic Union.

In this way . The Eurasian trademark in Kazakhstan will greatly facilitate the life of right holders, because now there will be no need to file applications and conduct examination separately in each state.