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 III.
REGISTRATION OF A TRADEMARK

Article 6. Application for the Registration of a Trademark

Application for the registration of a trademark (hereinafter referred to as application) shall be submitted by natural or legal entity, providing an entrepreneurship activity (hereinafter referred to as applicant ) to Kyrgyzpatent.

The application may be filed through a patent agent registered at Kyrgyzpatent or other representative.

Foreign legal entitles or physical persons permanently resident outside the bounds of the Kyrgyz Republic, or their patent agents\attorneys, shall carry out procedures related to the registration of a trademarks through the patent agents registered at Kyrgyzpatent.

Authority of a patent agent or other representative shall be proved by a power of attorney provided by a person on whose name the trademark certificate is sought.

Kyrgyzpatent shall determine the order of attestation and registration of patent agents and realize it.

The application must be related to one trademark only.

The application shall include:

1) application for the registration of a designation as a trademark with the indication of an applicant and also of his place of residence or place of destination;
2) the designation claimed and its description;
3) the list of goods and services for which registration of a trademark is being requested, which are broken down according to the classes of the International Classification of Goods and Services for the Registration of Marks.

Application shall be filed in the Kyrgyz or Russian language.

The following documents shall be enclosed with the application:

1) the document confirming payment of the fee in the established amount;
2) the charter of a collective mark if the application is filed for a collective mark.
3) the copy of certificate of the state registration as a legal entity or private entrepreneur or the document of the same power certified in an appropriate way.

The date of submission of an application is considered the date of receipt of the documents by Kyrgyzpatent, as stipulated by part\item seven of the present Article.

The documents attached to the application shall be filed in the Kyrgyz or Russian language.

Kyrgyzpatent shall establish the requirements to the application documents.

Article 7. Priority of a Trademark

The priority of a trademark shall be established on the date of filing of an application with Kyrgyzpatent which meets the requirements of Article 6 of this Law.

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 on Protection of Industrial Property (convention priority) if the application has been filed with Kyrgyzpatent within six months from the set date.

The priority of a trademark placed on exhibits at official or officially recognized international exhibitions organized in the territory of one of the country-member of the Paris Convention on Protection of Industrial Property may be established on the date of the open display of the exhibit at the exhibition (exhibit priority), if the application for a trademark has been received by Kyrgyzpatent within six months from the established date.

The applicant wishing to exploit the right to the convention priority or exhibition priority, must indicate this while filing the application for a trademark or within two months from the date of the receipt of the application by Kyrgyzpatent and attach the required documents proving the legality of such a claim, or present these documents not later than three months as of the date of receipt of the application by Kyrgyzpatent.

The priority of a trademark may be established on the date of the international registration of a trademark in compliance with the international agreements of the Kyrgyz Republic.

Article 8. Examination of the Application for a Trademark

Examination of an application shall be conducted by Kyrgyzpatent and shall include preliminary examination and examination of the claimed designation.

Within two months as of the date of filing the application, the applicant shall be entitled, at his own initiative, to add, clarify or correct the materials without additional payment.

In the event if additional materials contain indication for goods which are not included into the application on the date of its submission or significantly change claimed designation, they are not accepted for examination.

The application may be revoked at the request of an applicant at any moment during the examination procedure, but not later than the date of registration of a trademark at the State Register of Trademarks of the Kyrgyz Republic.

Article 9. Preliminary Examination

Preliminary examination of an application shall be conducted after two months as of date of submission of the application to Kyrgyzpatent. During preliminary examination, the composition of the required documents, provided for by Article 6 of this Law, the correctness of the form of documents, payment of the fee shall be examined and the priority shall be established.

The applicant may request in writing for the commencement of the preliminary examination before expiration of the term of two months, from the date of filing the request the applicant shall lose his/her right provided by paragraph 2 of Article 8 of this Law.

In the course of the preliminary examination the request may be sent to an applicant to provide additional necessary materials, the answer must be provided within 2 months. At the request\petition of the applicant and on the basis of reasonable grounds and payment of an appropriate fee, Kyrgyzpatent may allow the extension of this term to six months.

In the event an applicant violated the established term or did not answer the request, the application should be considered revoked.

Based on the results of the preliminary examination, Kyrgyzpatent make a decision whether to accept an application for examination or refuse to register a trademark. Notification on the decision made shall be sent to the applicant.

Article 10. Examination of the Claimed Designation

Examination of the claimed designation shall be conducted after termination of the preliminary examination within the term of 12 months, starting from the date when the application was accepted for consideration, and establishes whether the applied trademark is identical or similar to the trademarks for goods of the same class with an earlier priority, and whether this trademark complies with the requirements of Articles 6 and 7 of this Law.

According to the results of the examination, the decision on registration of the trademark or refusal in registration shall be made.

At any stage of examination Kyrgyzpatent has a right to require an applicant to present additional materials without which it is impossible to conduct examination.

Additional materials on the request of the examination must be presented within two months from the date of receipt the request. At the request of an Applicant and under reasonable grounds and payment of an appropriate fee before expiration term of two months, the term of answering the request may be extended, but not more than for six months.

In the event an applicant violated the established term or left the request of the examination unanswered, the application is considered revoked.

During the examination the preliminary decision to refuse to register the trademark may be made.

The applicant may present an answer for the preliminary decision within two months from the date of the receipt of preliminary decision. Upon the request of an applicant this term may be extended under condition that the request is received before expiration of this term. The term of providing the answer for preliminary decision shall be extended for not more than six months.

In the applicant violated the established term or left the preliminary decision without an answer, the decision to refuse in the registration of the trademark shall be made.

Article 11. Appeal of the Decision on Application and Restoration of the Elapsed Terms

Should the applicant not agree with the decision of the preliminary examination or with the decision of the examination of the claimed designation he has the right within three months from the date of receipt of the decision, file an appeal with the Appellate Council of Kyrgyzpatent (hereinafter referred to as the Appellate Council). The Appellate Council must consider the appeal within four months after the date of receipt of the appeal.

The decision of the Appellate Council may be appeal to court by the applicant within six months as of the date of its receipt.

The applicant shall be entitled to familiarize with the documents indicated in the decision of examination.

The applicant may request copies of such documents during one month after receipt of the decision of examination.

Kyrgyzpatent may restore the terms, provided by paragraph 3 of Article 9, paragraph 4 of Article 10, and paragraphs1 and 4 of this Article at the applicant's request, filed no later than two months after the expiration, provided that valid reasons and payment of fee have been confirmed.

Article 12. Registration of a Trademark

Kyrgyzpatent shall register trademarks in the State Register of Trademarks of the Kyrgyz Republic (hereinafter referred to as the Register) within one month after the date of receipt of the document attesting the payment of the established fee on the basis of the decision on registration of a trademark.

The fee shall be paid within two months as of the date of receipt of the decision by the applicant on registration of the trademark or within three months as of the date of termination of the established two months term under the condition of payment additional fee

Kyrgyzpatent shall determine the order and the list of information entering the Register.

Article 13. Publication of Information on Registration

The information that relates to the registration of a trademark and is entered in the Register shall be published by Kyrgyzpatent in the Official Bulletin within six months after the date of registration of the trademark in the Register or after the date of entering the changes on the registration of a trademark in the Register.

Article 14. Issuance of a Certificate for a Trademark

The certificate for a trademark shall be issued by the Kyrgyzpatent after three months from the date of publication of the trademark in the Official Bulletin.

The form of the certificate and composition of the data to be indicated therein shall be determined by Kyrgyzpatent.

Article 15. The Effective Term of a Trademark

The trademark shall be valid for ten years from the date of submission of the application to Kyrgyzpatent.

The effective term may be extended at the applicant's request filed during the last year of its validity, each time for another ten years provided that the fee has been paid. The applicant may be given at his request a six-month term after expiration of the term of registration, provided that a supplementary fee has been paid.

Record of extension of the term of validity of a trademark shall be entered by Kyrgyzpatent to the Register and to the certificate of a trademark.

Article 16. Introduction of Changes to the Registration

The owner of a trademark shall notify Kyrgyzpatent about the changes to be introduced: name of the trademark owner, surname, first name or patronymic, reduction of the list of goods in respect of which the trademark is registered, changes of certain elements of the trademark that do not alter its essence and other changes related to the registration of a trademark.

If there is a necessity of supplementing the list of goods with respect to which the trademark is registered, the registration of the new application is required.

The changes shall be entered to the Register and to the Certificate of a trademark provided that a fee is paid.

Article 17. Registration of a Trademark in the Foreign Countries

Legal entities and natural persons of the Kyrgyz Republic shall be entitled to register a trademark in foreign countries or carry out its international registration.

The application for international registration of a trademark shall be submitted through Kyrgyzpatent.

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