- Asian
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overview
The current trademark law of Kyrgyzstan, the Law on Trademarks, Service Marks and Appellations of Origin, was promulgated on January 14, 1998 and came into effect on January 28 of the same year. Revised twice on February 27, 2003 and February 6, 2014.
The State Intellectual Property and Innovation Administration of the Kyrgyz Republic (hereinafter referred to as the State Intellectual Property and Innovation Administration) undertakes the examination, transfer, renewal, license filing, third-party opinion observation and other business of trademark registration applications in the country. It has an appeal committee responsible for hearing trademark rejection review cases and trademark invalidation cases. -
official language
Kyrgyz language
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Trademark name requirements
The trademark name shall not contain the words' Kyrgyzstan ';
Using the national flag, emblem, flagpole, and name of the country or head of state of Kyrgyzstan;
Trademarks shall not contain any content that violates the principle that the use of the national flag or emblem of a member state of the World Intellectual Property Organization does not constitute infringement (including: the use of the country's political system, economic system or ethnic relations, religious beliefs or ethnic customs, etc.).
The trademark name shall not contain any information that may cause harm to Chinese citizens or harm the legitimate rights and interests of Chinese citizens (including: acts that violate the prohibitions of the Trademark Law, such as similar trademarks and false indications to other similar goods, as well as situations that are harmful to social morality or have other adverse effects that occur within the territory of China).
Chinese trademark names: "Kyrgyzstan", "Republic". -
Registration category
Kyrgyzstan adopts the Nice classification for trademarks and accepts applications for multiple types of trademarks. The elements that can be registered as trademarks include: text, name, graphics, 3D logo, color combination, slogan, dynamic image, etc. The 3D logo and color combination need to meet specific requirements.
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Duration
The trademark is valid for 10 years from the date of application; Renewal can be done within 12 months before the expiration date, with a grace period of 6 months (additional fees apply for grace period) and a validity period of 10 years
If a trademark has not been used for three consecutive years, an application for revocation can be filed. -
Third party observation opinion system
Kyrgyzstan has established a third-party observation opinion system, which means that after the applicant submits a trademark registration application, the National Intellectual Property and Innovation Administration will publish the trademark application information on its official website. Stakeholders can check the progress on the website and send warning letters according to their needs to protect their own rights. The examiner only reads the content of the opinion letter and does not need to make a response.
The documents required for applying for third-party observation opinions include warning letters and relevant evidence materials, and no fees are required. Due to the lack of hearing and other procedures in the third-party observation opinion procedure, if an interested party applies for a third-party observation opinion but the trademark is ultimately approved for registration, the interested party can also claim their rights through the invalidation procedure.
Kyrgyzstan is a party to international intellectual property treaties such as the WIPO Convention, TRIPS Agreement, Paris Convention, and Nice Agreement, and has joined the Madrid Agreement and Madrid Protocol. Therefore, trademark registration in Kyrgyzstan can be processed through "single country registration" or "Madrid international registration".
Before the applicant submits a trademark registration application for Kyrgyzstan, a search must be conducted on the pre applied trademark to ensure its registrability in Kyrgyzstan;
The applicant will submit the prepared trademark application materials to the China National Intellectual Property Administration and the Innovation Bureau, and pay the registration application fee
After the application for trademark registration in Kyrgyzstan is submitted, the Kyrgyzstan Trademark Office will conduct a legality review of the submitted application documents, trademark designs, power of attorney, and other documents; Those who meet the requirements will be granted the application date and application number;
After passing the formal examination, the China National Intellectual Property Administration and the Innovation Bureau will issue a notice of acceptance;
The Kyrgyzstan Trademark Office will review the application based on Kyrgyzstan's trademark laws to determine whether it is registrable and whether it violates the prohibited clauses of the trademark law. For Kyrgyzstan trademark registration applications that have not passed substantive examination, the examiner will notify the applicant in writing and inform them of the reasons for rejection. The applicant shall promptly submit a review after receiving the rejection notice. Otherwise, the application will be deemed abandoned, and the application date and number will not be retained;
After passing the substantive examination, the China National Intellectual Property Administration and the Innovation Bureau will issue a notice of payment before the announcement to require payment of the announcement/certification fees;
After the examination of the trademark registration application in Kyrgyzstan, the application will be published in the trademark announcement, and anyone can raise objections, state reasons, and submit relevant evidence within the 3-month announcement period;
Trademarks that have been ruled to be eligible for registration after opposition, or trademarks that have been published without opposition, will be granted registration and a registration certificate will be issued.
a. Overall, the trademark examination cycle in Kyrgyzstan generally takes 18 to 24 months.
b. The trademark protection period is ten years from the date of the trademark registration application. The application for trademark registration renewal can be submitted within one year before the expiration of the last registration period of the trademark; If the renewal is initiated within 6 months after the expiration of the renewal period, a leniency fee must be paid. If the renewal fee required by law is not paid within the prescribed period, the trademark will be invalid.
c. Unreleased trademarks can be registered repeatedly, while registered trademarks in the grace period will be considered valid trademarks and become obstacles to registering trademarks later.
1. Registration Application Form
2. Specific categories and projects of goods or services
3. Trademark design
4. Power of Attorney
5. Valid registration certificate
If priority is declared, proof of priority and corresponding Kyrgyz translation documents must be provided
Note: According to the Trademark Law of Kyrgyzstan, anyone, including natural persons and legal entities, can submit a trademark registration application. Foreign applicants who do not have a residence or place of business in Kyrgyzstan must entrust a local agent registered with the competent authorities of Kyrgyzstan to handle the matter.
