Peculiarities of trademark and service mark registration
in the Kyrgyz Republic

The source:
The Law of the Kyrgyz Republic “On Trademarks, Service Marks and Appellations of Places of Origin of Goods”
Adopted on December 16, 1997

1. A trademark can be expressed in the form of words and word combinations, letters, numerals, figures, symbols, depiction, shapes and their combinations. A trademark can also be registered in any color or combination of colors. Trademarks, which do not comprise visual distinction, such as sound or olfactory marks, are not registered.

2. The following designations cannot be registered as trademarks, should they:
1. have absolute grounds for refusal in registration:
• cannot be distinguished;
• be represented by state coats of arms, emblems, flags, seals, awards and other marks of distinction;
• be generally accepted terms and symbols for the goods regarding to which terms and symbols are suggested to be used as marks;
• point to the appearance, quality, quantity, properties, purpose, value of products, as well as to the place and time of their manufacture or sale;
2. have other grounds for refusal in registration:
• be identical or confusingly similar
• with trademarks, registered or filed in the Kyrgyz Republic in respect of another person
• with tradenames and selective inventions, widely known in the Kyrgyz Republic;
• with widely known marks and designations.

A trademark, comprising of surname, nickname, literature or art name, as well as picture of the person, can not be registered without official authorization of the person involved.

3. Application for a trademark registration should include:

• the designation claimed and its description;
• the list of goods and services according to the classes of the ICGS for the registration of Marks;
• Power of Attorney, given to a Patent Attorney
• Power of Attorney is preferably to be certified by a Notary.
• the charter of a collective trademark, if the application is filed for a collective trademark.

4. The priority of a trademark may be established on the date of filing of the first application in a country-member of the Paris Convention (within six months). To exploit the right of the convention priority the certified copy of prior application should be filed. The possibility of claiming priority on several applications is not provided.

5. Examination procedure of the application for a trademark includes:
• preliminary examination
• examination of the claimed designation - its eligibility for registration

Preliminary examination is carried within ten days from the date of application filing, during which the content of the application for compliance with the requirements is checked, the completeness of the necessary documents, the correctness of how the documents are filled, the payment of office fees, the legality of the requested priority are checked.

Simultaneously with the positive decision of the preliminary examination of the application, the applicant is informed of the filing date and the application number.

Examination of the claimed designation on its eligibility for registration starts upon completion of preliminary examination and lasts within 7 months.

Thus, the decision on trademark registration is made no later than 12 months from the date of filing the application. If there are examination requests and the applicant's responses, this period may be increased accordingly.

Responses to request should be filed within 3 months from the date of receipt of the response by a Patent Attorney. This term can be extended, but no longer than 6 months.

Late submission of a response or a request for extension of the deadline leads to the loss of the application. Restoration of the missed deadline is possible within a 2-month term.

6. A trademark is registered within 1 month after the date of receipt of the document attesting the payment of the office fee on the basis of the decision of examination on registration of a trademark. Information about trademark is published in the Official bulletin within 1 month from the date of registration. The certificate is issued within 1 month from the date of publication. Thus, the period from the date of filing the application to the issuance of the certificate is 12 months. Accelerated examination is not provided.

7. An applicant has the right within three months from the date of receipt of the decision to file an appeal to the Appeal Board of Kyrgyzpatent. The decision of the Appeal Board may be appealed to court by the applicant within six months as of the date of its receipt.

8. Introduction of changes of reduced list of goods and services, licenses issued, assignment agreements, renewals are published in the bulletin and reflected in the certificate.

9. An Assignment Deed and License Agreement should be registered at the Kyrgyzpatent.

10. A trademark can be canceled, should it:
• be not in a genuine use;
• be not distinctive or eligible.

On the petition of any person a registration can be revoked in full or in part before the due time on the basis of the court decision in connection with non-use of a trademark during three years from the date of registration.

An opposition against registration of a trademark is settled at the Appellate Council.

An opposition on cancellation of a trademark, having absolute grounds for refusal (see p. 2 a), can be filed to the Appellate Council during the whole term of registration. Trademarks, identical or deceptively similar to the extent of confusion with trademarks, registered of filed in the Kyrgyz Republic in respect of another person (see p. 2 b) can be challenged and canceled within five years from the date of publication. The decision of the Appellate Council can be appealed to court.

11. Renewals are made within the last year of registration. An application for renewal of the trademark can be filed after the expiration of registration, but no longer than six months on the condition of payment of substantial fee.

Enactments on Kyrgyzpatent website

Go Up