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Amendments to Trademark Laws

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Nov 09, 2016 (Newsletter Issue 20/16)
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Official Fees Amended

On October 26, 2016, amendments into the statute of patent and other official fees came into force in Kyrgyzstan. These amendments are associated with the approval on October 3, 2016, of the Decrees of the government of the Republic of Kyrgyzstan on Regulation on fees for registration of inventions, utility models, designs, selection achievements, trade and service marks, places of origin of goods as well as on Regulation on fees for registration of copyright objects, related rights and topologies of integral circuits.

The main change is a transfer of currency stipulated for official fees from the US Dollar to Kyrgyz Som due to the corresponding Resolution No. 135 of March 18, 2016, stipulating such requirements. Such transfer caused the change of amounts of almost all official fees. Some of the fees, such as official fees for filing patent, utility model and design applications, as well as the fees for requesting substantive examination for inventions and utility models together with maintenance fees for all objects have increased by 10%.

On the contrary, official fee for filing and examining a trademark application, requesting substantive examination for designs as well as grant fees for all for all objects have been decreased from 10% to 40%. There is also a change in the structure of patent fees, i.e. official fee stipulated for each dependent claim starting from the 11th has now been unified for each dependent claim above 11.

Further, the discount policy has also been subject to changes making less possibilities for the applicants to enjoy discounts on official fees. Specifically, the earlier stipulated discount on patent fees for applicants small entitles has been abolished. Moreover, earlier stipulated discount for applicant natural persons is now provided only if said applicants are inventors.

The official fee for filing a trademark application is now KGS 20,000 for one class and KGS 7,500 for each additional class. The official fee for registration, publication and issuing of certificate is now KGS 15,000 (same for black-and-white and colour trademarks).

Source: Mikhailyuk, Sorokolat and Partners, Ukraine