Legal basis for trademark law is the Law of Kyrgyz Republic “On trademarks, service marks and appellations on places of origin of goods” of January 14th, 1998, last amended February 27th, 2003.
Kyrgyzstan is a member of the Madrid Agreement since February 14th, 1994 and the Madrid Protocol since December 30th, 2003. It is also a member to Paris Convention since February 14th, 1994 and Nice Agreement since January 26th, 1998.
Trademark protection can be obtained upon registration and is supported by a relevant certificate.
Trademarks which were protected in the former Soviet Union are protected in Kyrgyzstan only, if they were transcribed within the period stipulated.
Nice classification, 10 edition
Trademark is registrable in all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, combinations or shades of colours, three-dimensional forms, the three-dimensional form of a good or its packaging and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks and collective marks.
The application is filed at the Patent Office of the Kyrgyz Republic (Kyrgyzpatent) for registration of trademark.
Multiple-class applications are possible.
For registration of trademark foreign applicants need patent agents registered at Kyrgyzpatent.
A non-legalised power of attorney is sufficient. Upon request, apostil may be assigned.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The processing time from first filing to registration is approx. from 6 to 12 months. The first office action is taken after approx. 1 month.
After registration, the trademark is published in the Official Bulletin.
There is no opposition period for pending application, i.e. an application is not published for opposition purposes. After the mark is granted protection and the registration certificate is issued, the mark details are published in the Official Bulletin, and it may be opposed by any person before the Board of Appeal.
Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
There is no opposition, consequently no opposition period for Kyrgyzstan.
A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months from the due date of renewal.
If the trademark has not been used within 3 years from registration or has later not been used for 3 consecutive years, it may be subject to cancellation.
The official fee for application to register a trademark and for execution of prior expertise is approx. 100 USD for one class, and approx. 50 USD for each additional class.
The fee for execution of expertise of trademark applied for is approx. 265 USD for one class, and approx. 125 USD for additional class.
The fee for registration, publication and issuing of certificate for black and white trademarks is approx. 265 USD, for colored trademarks is 300 USD.
Trademark Licence Agreement
In Kyrgyzstan a licence agreement has to be granted in writing. Licensing of unregistered marks is not permitted. The holder of a trademark can license a mark for either all or some of the goods or services in respect of which the mark is registered. Collective marks may not be licensed. The sale of a registered trademark automatically terminates the licence. The licence agreement should specify that the quality of goods produced or services rendered by a registered user should be the same or at least not inferior to the quality of the goods or services produced or rendered by the proprietor and that the latter will exercise control over the fulfilment of these conditions.
The recordal of a licence agreement is mandatory. A licence agreement must be registered with Kyrgyzpatent. Unregistered licence agreements are not valid. Although there is no time frame for a recordal, the agreement will not come into force until its registration. There is no standard content for a licence agreement but it should specify the nature of the licence, the territory in which the rights will be exercised and the period of validity of the licence.
The following documents are required for a recordal:
1. Three copies of the original agreement
2. The trademark registration certificate or a copy thereof
3. A power of attorney (if recordal is applied for by a representative)
A document verifying the payment
A licence agreement becomes effective and enforceable from the moment of its recordal at Kyrgyzpatent.
There is an evidentiary presumption that use by a recorded licensee is permitted use. There are no general provisions in law specifying the rights of the licensee to join or institute proceedings, and this should be stipulated in the agreement. A licensee can call upon the owner to institute proceedings. A registered user has the right to institute proceedings only if this is provided for in the licence agreement. It should also be stipulated in the agreement whether the licensee is required to cite the owner as co-defendant or not.
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We would like to thank the following law firms for their assistance in updating the information provided:
Lorenz International Lawyers, Bishkek, Kyrgyzstan
IPR Group, Kiev, Ukraine
Lorenz International Lawyers, Bishkek, Kyrgyzstan