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 V.
USE OF A TRADEMARK

Article 20. Use of a Trademark and Consequences of Failure to Use It

A trademark shall be deemed to be used if it is used on the goods for which the trademark has been registered and\or on their packing by the owner of the trademark, or the person to whom this right was granted by virtue of the licensing agreement in accordance with Article 23 of this Law.

A trademark may be also deemed as being used if it is used in advertisements, printed matters, official forms, signboards, during demonstration of displays at the exhibitions and fairs held in the Kyrgyz Republic, if there are valid reasons for non use of the trademark on the goods and/or on their packing.

Legal entities and natural persons who are engaged in intermediary activities may use their own trademark along with the trademark of the manufacturer of the goods and also instead of the trademark of the latter on the basis of the agreement.

Validity of the registration of a trademark may be terminated in full or in part before the due time on the basis of court decision issued at the request of any person in connection with non use of a trademark during for any three years from the date of registration or during three years preceding the filing of such statement.

Upon the decision of the question on premature termination of the registration of a trademark due to its non use, evidences presented by the owner of a trademark may be taken into consideration to the effect that the trademark was not used due to the circumstances beyond his control, including limits established by the state for the goods for which trademark is registered.

Article 21. Warning Marks

The owner of a trademark may use a warning mark by the side of the trademark to the effect that the used designation is a trademark registered in the Kyrgyz Republic.

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