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Brief information about the law concerning trademark registration in Kyrgyzstan
Trademark protection issues are regulated by the Law of Kyrgyzstan "On Trademarks, Service Marks and Geographical Indications" dated January 14, 1998. This law has undergone changes and now the version of the Law of March 23, 2020 is in force.
The State Intellectual Property and Innovation Service under the Government of the Kyrgyz Republic (in short - Kyrgyzpatent) is the state authority responsible for registering and granting legal protection to intellectual property.
Verbal, pictorial, three-dimensional and other designations or combinations thereof, such as abbreviations, words, slogans, logos, photos, drawings can be registered as a trademark. A trademark can be registered in any color or color combination. Marks that are visually indistinguishable, as well as audible and olfactory marks are not subject to registration.
Also, Kyrgyzpatent does not accept for registration common terms and symbols with respect to those goods to which they will be applied. For example, the word "Plumbing" in relation to plumbing products.
Marks similar to already registered trademarks or not yet registered but applied for registration in respect of similar goods cannot be registered. For example, Ortanol and Ortinol or Mulinex and Mulimax.
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Trademark protection in Kyrgyzstan is possible in the following ways:
the designation of Kyrgyzstan in the international application, if filed under the Madrid Agreement;
filing a national procedure application with Kyrgyzpatent.
Who can act as an applicant and in whose name a trademark can be registered, who has the exclusive right to the trademark at the time of the emergence of this right?
An application for registration of a trademark is submitted by a legal entity or an individual engaged in entrepreneurial business.
Consideration of the application at Kyrgyzpatent includes preliminary and full examination. Preliminary examination takes 1 month and full examination takes 12 months from the date of filing the application. The period of examination of the application may be shortened at the request of the applicant and upon payment of the relevant fee, but not earlier than six months from the date of application filing.
Kyrgyzpatent does not publish information about applications submitted.
Registration of a trademark is carried out after the completion of the examination and payment of the relevant fee. Based on the results of a full examination, in the absence of grounds for refusal, a decision is made on the registration of a trademark and a number is assigned to the trademark. Information about the trademark is published in the Official Bulletin of Kyrgyzpatent. The owner is issued a certificate for a period of ten years, which can be extended for subsequent ten-year periods.
If there is a trademark dispute, disputes over Kyrgyzpatent's adjudications and challenges to trademark registrations are resolved by the Board of Appeals established under Kyrgyzpatent. The Board of Appeals is a mandatory pre-trial authority.
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The decision of the Kyrgyzpatent Board of Appeals may be appealed by the applicant in court within 6 months from the date of its receipt.
Illegal usage of a trademark may entail civil, administrative or criminal liability.
Kyrgyzstan protects civil rights from illegal usage of a trademark besides claiming for cessation of infringement or recovery of damages caused:
- publication of the court decision in order to restore the victim's business reputation;
- removal of illegally used trademark or designation similar to the point of confusion from the product or its packaging;
- the seizure or destruction of goods in respect of which the trademark was illegally applied.
According to the Administrative Code of Kyrgyzstan, the illegal usage of someone else's trademark entails the imposition of an administrative fine on both citizens and officials with the confiscation of goods with a falsified trademark.
According to the Criminal Code of Kyrgyzstan, the illegal use of someone else's trademark, if it caused major damage, is punishable by a large fine or community service.
The Kyrgyzpatent website has access to a search of registered trademarks in the country.
You can apply for registration of a trademark through the electronic filing system or to the office in hard copy.
The application should be submitted in Kyrgyz or Russian language.
The official language according to the Law on the State Language of Kyrgyzstan is Russian.
Foreign applicants may act only through a patent attorney when filing an application for trademark registration
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In order for International Legal Bridge to prepare documents for registration of a trademark you need to provide the following documents:
The full name of the LLC and the address of the applicant
Image of the trademark in "jpeg" format
Description of the designation
List of goods and (or) services for which trademark registration is sought so that we can offer you the classes of the Nice Classification (NCL)
A power of attorney in the name of a patent attorney, certified by the signature of the Company Head and the seal of the organization
Contract for the provision of patent services
When completing the application in the case of claiming conventional priority - attach a copy of the first application;
In the case of claiming the exhibition priority, a document confirming the fact of participation in the exhibition of this designation as an exhibit shall be attached.
The period of registration of the Trademark in Kyrgyzpatent is 12-15 months.
The period of registration can be accelerated to up to 8-9 months, subject to the payment of additional state fee.
We have the following information about state fees: when applying for the 1st class of the NCL - the first payment is 20,000 soms, the second payment before receiving the certificate - 15,000 soms. For each subsequent class - 7,500 soms.
If you have any questions or if you would like to order this service, please text below this video or on WhatsApp and Telegram on our website www.internationallegalbridge.com .
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