Peculiarities of trademarks and service marks 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 can not 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 one month from the date of filing of the application and checks the filed documents: accuracy of the filing materials, payment of Office fees, authorized claim of the priority.

    Examination of the claimed designation on the subject of its eligibility for registration commences upon completion of preliminary examination and lasts within twelve months.

    The grand prolongation period of registration procedure lasts no longer than 14 months from the date of filing. This term, however, can be extended on the condition of arisen queries and responses.

    Responses should be returned within two months from the date of receipt of the inquiry by a Patent Attorney. This term can be extended, but no longer than six months.

    The response after the bidding deadline leads to loss of application. The lost term can be restored within two months from the deadline date.

  6. A trademark should be registered within one month after the date of receipt of the document attesting the payment of the established fee on the basis of the decision of examination on registration of a trademark. Information about trademark should be published in the Official bulletin within three months from the date of registration. So, the term from the date of filing till the date of issuing of a certificate is 21 months. This term may be decreased in case of payment of the duty for preschedule examination.
  7. An applicant has the right within three months from the date of receipt of the decision to file an appeal to the Appellate Council of Kyrgyzpatent. The decision of the Appellate Council 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.

 

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