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 VI.
TRANSFER OF A TRADEMARK

Article 22. Assignment of a Trademark

The owner of a trademark may assign it to a legal entity or physical person on the basis of the agreement both with the appropriate manufacture or part of it or without it with respect to all or some of the goods for which it is registered.

Assignment of a trademark on the agreement shall not be allowed, if it may cause confusion to the consumer in respect of the product, its quality or its manufacturer.

Collective trademarks cannot be assigned to other persons.

Article 23. Granting of the License for the Use of a Trademark

The right to use a trademark may be granted by the owner of a trademark (licenser) to another person (licensee) on the basis of a licensing agreement, in relation to one, several, or all products, for which the mark was registered.

The licensing agreement shall include a provision on the fact that the quality of the licensee's goods will not be of the worse quality compared to those of the licenser, and that the licenser will exercise control over execution of this provision.

Collective trademarks shall not be subject to the licensing agreement.

Article 24. Registration of the Agreement on Assignment of a Trademark and Licensing Agreement

The agreement on assignment of a trademark and the licensing agreement shall be registered at Kyrgyzpatent and shall become effective as of the date of registration. They shall be considered invalid without such registration.

Kyrgyzpatent shall not register the agreement, if it does not comply with the requirements of Articles 22 and 23 of this Law.

The established fee shall be paid for registration of the agreement.

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