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 VII.
TERMINATION OF LEGAL PROTECTION

Article 25. Invalidation of the Registration of a Trademark

Registration of a trademark may be considered invalid in full or partially during the whole period of its validity if it has been conducted in violation of the requirements established in Articles 3 and 4 of the present Law, or during five years from the date of publication of the information on registration of a trademark in the Official Bulletin based on the grounds established by Article 6 of the Law.

Any person may file an appeal with the Appellate Council against registration of a trademark within the period stated in paragraph 1 of this Article. The appeal against registration of a trademark must be examined during four months from the date of its receipt.

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

Article 26. Cancellation of the Registration of a Trademark

Registration of a trademark shall be canceled by Kyrgyzpatent:

1) in connection with termination of the term of its validity as provided by Article 15 of this Law;
2) on the basis of court decision on premature termination of its validity due to the use of a collective mark on goods not possessing common qualitative or other common characteristics, according to paragraph 2 of Article 19 of this Law;
3) on the basis of the decision of court on premature termination of its validity due to the failure to use the trade mark pursuant to the paragraph 4 of Article 20 of this Law;
4) if it has been considered invalid according to the Article 25 of this Law;
5) in case of liquidation of a legal entity or termination of entrepreneurship activity of a natural person - the owner of a trademark without any successor;
6) on the basis of the court decision in the event of transformation of a trademark into a designation that has come into a general use as designation of goods of a certain kind;
7) in the case of refusal by the owner of a trademark.

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