Peculiarities of trademark and service mark registration
in the Kyrgyz Republic
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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
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- 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.
- The following designations cannot be registered
as trademarks, should they:
- 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;
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- An Assignment Deed and License Agreement should
be registered at the Kyrgyzpatent.
- 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.
- 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.
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