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 IX.
REGISTRATION AND GRANTING OF THE RIGHT TO USE APPELLATION OF PLACE OF ORIGIN OF GOODS

Article 29. Application for the Registration and Granting the Right to Use Appellation of Place of Origin of Goods

Applicant(s) shall file an application for registration and for granting the right to use an appellation of place of origin of goods or an application for the right to use already registered appellation of place of origin of goods (hereinafter referred to as an application) with Kyrgyzpatent independently or through a patent agent, registered at Kyrgyzpatent.

The application shall be related to one appellation of place of origin of goods.

The application shall include:

application for the registration and for granting the right to use appellation of place of origin of goods or granting the right to use already registered appellation of place of origin of goods with the indication of the applicant (applicants) and also his (their) location or residence;

the designation applied for;

the kind of a good for designation of which registration and the right to use an appellation of place of origin of goods or the right to use an already registered appellation of place of origin of goods is sought, with the indication of the place of manufacture (bounds of the geographic place);

description of special properties of the product.

Application shall be filed in Kyrgyz or Russian language.

The following documents shall be attached to the application:

statement of a competent body to the effect that the applicant is located in the indicated geographic object and manufactures a good special properties of which are determined by natural conditions or human factors natural for that geographic object or by human factors or natural conditions simultaneously;

for a foreign applicant: a document proving his right to the claimed appellation of place of origin in the country of origin of goods;

a document certifying payment of fee in the established amount.

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

If the documents have been submitted in the other language, the application shall include translation into Kyrgyz or Russian language.

Requirements to the documents of the application shall be established by Kyrgyzpatent.

Article 30. Examination of the Application

Kyrgyzpatent shall carry out examination of the application, including preliminary examination and examination of the claimed designation.

The applicant shall be entitled to introduce additions, clarifications, and amendments into application that do not change the substance of an application within two months as of the date of file of the application without additional payment. If additional materials change the substance of the application, these materials shall not be accepted for examination and may be filed by the applicant as an independent application.

During the examination Kyrgyzpatent shall have the right to request the Applicant to file additional documents without which examination procedure is not possible.

The required materials must be submitted within two months as of the date of receipt of the request. At the applicant's written request, due to valid reasons and payment of established fee, Kyrgyzpatent may allow the extension of this term for six months. If the applicant breaks the indicated term or leaves the request of the examination without reply, the application shall be deemed withdrawn.

After expiration of two months as of filing of an application with Kyrgyzpatent, a preliminary expertise of an application shall be conducted. In the course of preliminary examination, the composition of the necessary documents, correctness of the form, payment of the fee stipulated by Article 29 of this Law, shall be examined.

The Applicant may request in writing the commencement of preliminary examination before expiration of two months as of the date of filing the request the applicant shall lose the right provided by paragraph 2 of this Article.

On the results of the preliminary examination the applicant shall be notified that the application is accepted for examination or that the application is denied.

Once the application is accepted for consideration, an examination of the claimed designation shall be conducted within 12 months as of the date of receipt of the application for examination for compliance with the requirements, established by Article 27 of this Law.

Kyrgyzpatent shall make a decision on the registration of appellation of place of origin of goods and granting the right to use it by him, or refusal in registration of appellation of place of origin of goods based upon the results of examination.

The applicant may withdraw the application at any stage of its consideration.

Article 31. The Appeal against the Decision on Application and Reinstatement of the Elapsed Terms

Should the applicant not agree with the decision of preliminary examination or the decision of the examination of the claimed designation, he has the right to file an objection with the Appellate Council within three months from the date of receipt of the decision. The objection must be examined by the Appellate Council during four months from the date of receipt thereof.

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

The terms provided by paragraph 4 of Article 30 of this Law and paragraph 1 of this Article elapsed by the applicant may be reinstated by Kyrgyzpatent at the applicant's request filed not later than two months from expiration thereof upon the proof of valid reasons and payment of the fee.

Article 32. Registration of Appellation of Place of Origin of Goods and Granting of the Certificate for the Right to Use Appellation of Place of Origin of Goods. Publication of the information on registration and granting the right to use appellation of place of origin of goods

On the basis of the decision of examination for registration the appellation of place of origin of goods and granting the right to use them under the condition of payment the established fee Kyrgyzpatent shall register appellations of place of origin of goods in the State Register of appellations of place of origin of goods of the Kyrgyz Republic (hereinafter referred to as the Register).

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

The fee shall be paid within two months as of the date the applicant receives the decision of examination on the registration of appellation of place origin of goods or within three months from the date of expiration the established term of two months under the condition of payment additional fee.

The information related to the registration and granting the right to use appellation of place of origin of goods entered the Register, shall be published by Kyrgyzpatent in the Official Bulletin within three months as of the date of its entering the Register.

Kyrgyzpatent shall issue the certificate after expiration of three months and after publication in the Official Bulletin.

Kyrgyzpatent shall establish the form of certificate and composition of the data, indicated in it.

Article 33. The Term of Validity of the Certificate for the Right to Use Appellation of Place of Origin of Goods

The certificate shall be valid for ten years from the date of filing an application with Kyrgyzpatent.

The period of validity of the certificate may be extended at the request of the owner of certificate and under the condition of submission of a statement from a competent body attesting the fact that the owner of a certificate is situated in a given geographic place and manufactures the good possessing properties indicated in the certificate.

The application shall be filed during the last year of validity of the certificate.

The term of validity of the certificate shall be extended each time for ten years.

At the request of the owner of a certificate, in order to extend the valid term of the certificate, he\she may be provided with the six months term after expiration of the term of validity of the certificate under condition of payment of additional fee.

Kyrgyzpatent shall introduce the record on extension of the term of validity of the certificate in the Register and the certificate.

Article 34. Introduction the Amendments to the Register and the Certificate

The owner of the certificate shall inform Kyrgyzpatent about the changes of his name, surname or patronymic name, as well as other changes related to the registration and granting the right to use the appellation of place of origin of goods.

The record of the change shall be entered to the Register and the certificate under condition that the fee has been paid.

Article 35. Registration the Appellation of Place of Origin of Goods in Foreign Countries

Legal entities and natural persons of the Kyrgyz Republic shall have the right to register appellation of place of origin of goods in foreign countries.

The application for registration the appellation of place of origin of goods in foreign countries shall be filed after its registration and obtaining the right to use that appellation of place of origin of goods in the Kyrgyz Republic.

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