Trade and Service Marks

– Law of the Kyrgyz Republic "On Trademarks, Service Marks and Appellations of Places of Origin of Goods" of January 28, 1998, with amendments as of February 27, 2003, February 6, 2014 and May 26, 2018.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), as of December 25, 1991.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, as of December 25, 1991.
– Madrid Agreement Concerning the International Registration of Marks, as of December 25, 1991.
– Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, as of December 10, 1998.
– Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks, as of December 10, 1998.
– WTO’s TRIPS Agreement, as of December 20, 1998.
– Trademark Law Treaty, as of August 15, 2002.
– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, as of June 17, 2004.
– Singapore Treaty on the Law of Trademarks, since March 16, 2009.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since July 31, 2011.
– Agreement on Trademarks, Service Marks and Appellations of Origin of Goods of the Eurasian Economic Union, since March 12, 2021.

Filing

Applicant: individuals or legal entities.

Foreigners: enjoy same rights as nationals, must appoint a Kyrgyz agent.

Kinds of protection: trademarks and service marks (word marks, device marks, three-dimensional marks and other marks or their combinations; color and combination of colors, i.e. all kinds of visual presentation); collective marks.

Not registrable: emblems and flags, abbreviated and full names of international and intergovernmental organizations, official control, guarantee marks and test marks, stamps, seals, rewards and other decorations and similar marks which may lead to confusion; marks which are not distinctive, which are generally used as denominations of the goods applied for, generally accepted as symbols and terms indicating the type, quality, quantity, property, purpose, usefulness of goods, place as well as time of their production and sale, trademarks partially or completely consisting of geographical denominations, which can be perceived as indication of the location of the manufacturer; which are false or misleading for consumers as to the product or its manufacturer; marks representing or containing the indication of a place of origin of wines or spirits which are protected by international treaties in the Kyrgyz Republic, if such designations are intended for wines or spirits which do not originate in the specified places and also those which formally indicate the true place of manufacture of the goods, but giving erroneous information that the goods originate from another territory; whose content is contrary to humanitarian principles or to morality. Protection cannot be granted for trademarks identical or similar to earlier registered trademarks (or applications) for similar goods in the Kyrgyz Republic or protected in accordance with international treaties by another person. Protection cannot be granted for trademarks identical with: registered or applied for registrations in the Kyrgyz Republic; trade names concerning identical or similar kinds of activity either for goods or services; trademarks recognized in the Kyrgyz Republic as well-known trademarks; the names of places of origin of the goods protected according to the present Law, except for cases, when they are included as an unprotected element in a trademark registration addressed to the person having the right of use of such name. Protection cannot be granted without the appropriate consent for: titles of well-known works of literature, science and art, surnames, pseudonyms and derivatives thereof, portraits, facsimiles. Protection cannot be granted for trademarks identical with industrial designs registered in the Kyrgyz Republic in the name of other persons, if the industrial design has earlier priority in comparison with the trademark applied for registration.

Priorities: in accordance with the Paris Convention, including the exhibition priority (within six months after the exhibition).

Classification: international.

Territory covered: the Kyrgyz Republic.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (no legalization);
2. Prints of the sign to be protected (25 prints for black and white signs; 10 prints in color and 15 in black and white for color signs);
3. List of goods and services, according to the International Classification; one application may include goods belonging to more than one international class (to be translated into Kyrgyz or Russian);
4. Priority document, if any (to be filed within three months from the filing date);
5. For collective marks: statute of the association.

Electronic filing: not available. 

Electronic signatures: are not accepted (only wet signatures). The submission of signed scanned copies of documents is accepted, the original should be submitted later.

For a change of name or address: any official document evidencing such change. Documents should be in original or notarized copy. No legalization is required.

Examination Procedure

Examination: preliminary and complete examinations.

The preliminary examination is carried out within one month after the filing date and comprises checking the formal requirements and issuing an appropriate decision. During a preliminary examination, the applicant can be requested to furnish additional materials; the response should be submitted within two months. At the petition of the applicant and for valid reasons and payment of the appropriate fee, Kyrgyzpatent can allow prolongation of the given term for six months. A negative decision may be appealed by the applicant within a three-month term.

The complete examination is carried out after the preliminary examination within twelve months of the filing date, and comprises examination of the similarity in respect to previously filed applications/registrations in the Kyrgyz Republic and as to registrability conditions.

Amendments and corrections: during the period between the carrying out of the examination and the issuance of the decision, the applicant has the right to supplement, to update or to correct the application. Additional materials modifying the claimed sign or the list of goods as to substance are not accepted.

Disclaimers: available. 

Letters of consent: are accepted, should be signed by an authorized signatory of the owner of the prior registration and sealed by corporate seal. Notarization is required if the corporate seal is not available. Legalization is not required.

Appeal: the applicant may file an appeal against a negative decision issued by Kyrgyzpatent after the complete examination, before the Kyrgyzpatent Appeal Board, within a three-month term.

Granting and Protection

Publication: the trademark particulars are entered into the Trademark Register after the granting decision and published in the Kyrgyzpatent Gazette one month after the granting date.

Delivery of document: the trademark certificate is issued in paper format.

Duration – renewal: ten years from filing date; renewable for further ten-year periods.

Exclusive right: the exclusive right to use the registered trademark belongs to its owner.

Obligation to use: the registered mark must be used; if not used within any three-year period after the registration (or last use) date, the trademark registration can be cancelled at a request of an interested party on the basis of the court’s decision.

Nominal use: advertisement, publication of trademarks in the Kyrgyz journals, use as domain on Internet, or presentation of the marked goods at exhibitions in the Kyrgyz Republic, may be considered as acts of use in absence of actual use.

Assignment: must be registered.

Licenses and pledge agreements: must be in the form of a written contract registered at Kyrgyzpatent.

Modification of Protection after Registration

Rights of prior user: not regulated.

Nullification: any person concerned during the entire period of validity may object and appeal a trademark registration if the conditions established by the Law for registration are not fulfilled.

Validation of invalidated mark: an invalidated trademark registration cannot be registered by a person other than its previous owner during the one-year period from the date of its cancellation.

Infringement: penal punishment provided.