Bishkek
January 14, 1998 # 7

The Law of the Kyrgyz Republic "On Trademarks, Service Marks and Appellations of Places of Origin of Goods"

Section I. General provisions
Section II. Trademark and service mark
Section III. Registration of a trademark
Section IV. Collective mark
Section V. Use of a trademark
Section VI. Transfer of a trademark
Section VII. Termination of a legal protection
Section VIII. Appellation of a place of origin
Section IX. Registration and granting of the right to use appellation of origin
Section X. The use of the appellation of origin
Section XI. Termination of a legal protection of the appellation of the place of origin
Section XII. Final provisions

Contents. Click here to return to contents

Section XI.
TERMINATION OF LEGAL PROTECTION OF APPELLATION OF PLACE OF ORIGIN OF GOODS

Article 38. Invalidation of the Registration of Appellation of Place of Origin of Goods and the Certificate for the Right to Use Appellation of Place of Origin of Goods

Registration of the appellation of place of origin of goods may be invalidated if it has been conducted in violation of the requirements provided by this Law.

The validity of appellation of place of origin of goods may be terminated in connection with disappearance of the conditions characteristic to a given geographic place and impossibility to manufacture the good with the properties indicated in the Register.

The validity of appellation of place of origin of goods in the name of a foreign legal entity or physical person except for the pointed grounds, shall be also terminated due to the loss of the right to that appellation of place of origin of goods in the country of origin of the good.

A certificate for the right to use appellation of place of origin of goods may be invalidated if it was granted in violation of the requirements provided by this Law.

The validity of certificate may be terminated:

due to the loss of special properties of the good specified in the Register in respect of this appellation of place of origin of goods;

in case of cancellation of the registration of appellation of place of origin of goods;

in case of liquidation of a legal entity or termination of entrepreneurship activity of a natural person - the owner of the certificate without any successor;

on the basis of an application submitted by the owner of the certificate to Kyrgyzpatent.

Any person may, on the grounds set forth in paragraph 1-4 of this Article, file a protest against the registration of the appellation of place of origin of goods and against granting of the certificate for the right to use the appellation of place of origin of goods with the Appellate Council. The protest shall be examined during four months from the date of receipt thereof. The person who filed a protest and the owner of the certificate shall have the right to participate in the examination of the protest.

The decision of the Appellate Council may be appealed in court by the applicant within six months as of the date of receipt thereof.

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