Introduction:

 

Language: Kyrgyz (national), Russian (official).

Capital: Bishkek               

Area: 199,951 km2

Population: 6,019,480

Currency: Som (KGS)

Religion: Islam, Russian Orthodoxy.

Geographical position: Kyrgyzstan is a landlocked country in Central Asia, bordering Kazakhstan, China, Tajikistan and Uzbekistan.

 

International treaty membership:

Singapore Treaty on the Law of Trademarks

Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks

Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks

Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks
Convention Establishing the World Intellectual Property Organization

Madrid Agreement Concerning the International Registration of Marks

Paris Convention for the Protection of Industrial Property

 

Legislation:

Law of the Kyrgyz Republic on Trademarks, Service Marks and Appellations of Origin of Goods January 28 1998, amended in February 6 2014.

 

Government Institutions :

State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic.

 

 

Type of trademark :

Verbal, figurative, colors, 3D shapes and combination of elements.

This Law shall not apply to holographic marks, with the exception of holographic marks that are visually distinguishable.

 

Ground for refusal:

-Trademark protected by priority rights.

-Trademark that mislead the consumer.

-No registration shall be allowed for trademarks consisting only of designations that are devoid of distinctive ability or indicate the nature and quality of the goods.

-No registration shall be allowed for marks already protected or recognized as well known in Republic of Tajikistan or by virtue of an international treaty.

-Any designations that use names or symbols related to states or institution. Such element can be incorporated as non protected elements under authorization.

-Symbols and name which are contrary to public interests, principles of humanity and morals.

-Family or given name, or any element attached to a person.

-A title of a work of science, literature or art, known in the country at the date of filing of the application.

 

Application content:

The application shall be done by one person or legal entity.

Applicant shall act through patent agents registered in Kyrgyzstan. (In particular for foreign applicants or national living outside of the country.)

Respect International Classification of Goods and Services for the purposes of the Registration of Marks.

The application shall be written in either Kyrgyz or Russian.

The following documents shall be filed with the application for registration:

- Proof of payment of the prescribed fee;

- The regulations for use of the collective mark if the application filed is for the registration of a collective mark;

- A certified true copy of the certificate attesting that the applicant is officially registered as a legal entity or individual entrepreneur, or an equivalent document.

The date on which Kyrgyz Patent Office receives the documents shall be considered the filing date of the application.

 

Application process:

The examination of the application is divided in two steps, the preliminary examination and the full examination. This procedure shall be done within 12 months.

The preliminary examination is being conducted within two months, in order to verify the presence of necessary documents, their conformity to the requirement of form, and establish priority.

Within this period the applicant is allowed to complete, specify or correct elements of the application on his own initiative without paying any surcharge.

Kyrgyzpatent may authorize the extension of that period up to six months, at the applicant’s request, on condition that the said applicant justifies his request with a legitimate excuse and pays the corresponding fee.

After the preliminary examination the Patent Office will determine accept or refuse the registration of the mark, and notify it to its client.

The full examination consist in verifying if the mark is not similar to pre-existing mark and its conformity to the criteria for the registration of a mark.

At any time in the course of examination of the application, Kyrgyzpatent is entitled to invite the applicant to supply the additional elements without which examination is impossible. Where the applicant is invited by the examiner to supply additional elements, he must do so within two months following the date of receipt of the invitation. That period may be extended by a maximum of six months at the applicant’s request, provided that he justifies his request with a legitimate excuse and pays the corresponding fees.

If the decision is positive, the mark will be register and publish in Official Bulletin during three months following the date of registration of the mark, and will issue a certificate.

 

Refusal:

During the preliminary examination, an application could be refused since it doesn’t fit the form’s requirements of the Law (as explained before).

This decision will be notify to the applicant who may respond to the preliminary decision within the two months following the date on which he received it. That period may be extended at the applicant’s request, on condition that the request is received before the said period expires. The period for responding to the preliminary decision may not be extended by more than six months.

In the event of disagreement with the decision taken at the end of the preliminary examination or with that taken at the end of the examination of the sign to which the application relates, the applicant is entitled to appeal against the said decision before the Appeal Chamber of Kyrgyzpatent within three months following the date on which he received the decision. The appeal shall be examined by the Appeal Chamber within a period of four months following the date of its receipt.

The applicant may appeal before the courts against the decision of the Appeal Chamber within a period of six months following the date of receipt of the said decision.

 

Rights of exploitation and related delay :

In Kyrgyzstan the protection of the mark is valid for ten years following the date on which the application for registration was filed with Kyrgyzpatent and can be extended every time for ten years. This extension has to be done from the last year of the protection to 6 months after the expiry date.

The ownership of a mark can lead to several kinds of exploitations, exclusive one, licensing and transfer.

 

Transfer and condition:

A mark may be assigned contractually by its owner to a natural person or legal entity, either with or without the corresponding production or a part of it, in respect of all or some of the goods for which it is registered.

The contractual assignment of the mark shall not be allowed if it is liable to mislead the consumer as to the product or the qualities or manufacturer thereof.

The contract of assignment of the mark and the license contract shall be registered by Kyrgyzpatent and shall enter into force on the date of their registration. If they are not registered, they shall be deemed null and void.

Registration of the contract shall give rise to payment of the corresponding fee.

 

Certification:

After the publication in Official Bulletin, the Kyrgyzpatent will, within three months from the publication date, issue a trademark certificate.

The layout of the certificate and the list of data appearing in it shall be specified by Kyrgyzpatent.

 

Withdrawal and cancellation:

The applicant is allowed to withdraw its application until the mark is published in Official Bulletin.

The trademark rights can be invalidated if it didn’t fit with the requirement of the law for five years after the registration.

The mark shall be cancelled by Kyrgyzpatent:

- on the expiry of the period of validity

- on a court decision

- in the case of liquidation of the legal entity or cessation of the business activity of the natural person owning the mark without a successor in title having been designated;

- on a court decision where the mark has become an everyday designation for goods of a particular type;

- on renunciation by the owner of the mark.

 

Customs:

The receiving party always have to have those document:

1. Customs cargo declaration;

2. Waybill (CMR, railway, airbill, etc.);

3. Invoice;

4. Certificate of origin;

5. Contract;

6. License on imported product (if required);

7. Conformity certificate (if applicable).

Note: All of the documents should be in Russian or should have an official Russian translation.

The customs clearance process must be completed within three days of the initial filing of the customs declaration. If the process takes longer than this, the customs department becomes responsible for any losses because of the delay.

If goods are suspected of being fake or imitation by the custom service or on demand of a right holder, theses goods will be suspended, and the right holder will be notify. If after 10 working days, renewable to another 10 working days period, the customs authority has not been informed of a decision of the right holder, or this said extended the suspension, the goods shall be released. In case that infringement has been demonstrated the goods can be destroyed. And the infringer might be fined and suited in criminal procedure.

 

 

Sources:

  • WIPO.int
  • https://bishkek.usembassy.gov/uploads/images/M0s6ozR36ZxE9IUioRqe7g/KG_07_Customs_Report.pdf

 

Vincent Lagier

創作者介紹

眾律國際法律/專利商標事務所

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