Trademark registration in Kyrgyzstan

1) DESIGNATIONS REGISTRABLE AS A TRADEMARK

Verbal, pictorial, alphabetic, numeric, volumetric and other designations or combinations thereof. Visually indistinguishable, as well as sound and olfactory signs are not subject to registration.  

2) THE REGISTRATION PROCESS

1. The application shall be submitted to the authorized body - the State Agency for Intellectual Property and Innovation under the Cabinet of Ministers of the Kyrgyz Republic;

2. Examination (stage 1 - preliminary within 10 days from the date of filing, stage 2 - full within 7 months from the date of filing);

3. Decision on registration/denial of registration;

4. Publication of information on registration in the official bulletin of the authorized body within 1 month from the date of registration in the trademark register of the authorized body;

5. Issuance of the certificate of registration within 1 month from the date of publication of information on the trademark in the official bulletin.

3) AVAILABILITY OF ACCELERATED TRADEMARK REGISTRATION

Not available. 

4) TRADEMARK REGISTRATION TIMELINE

Registration timeline is 9-10 months from the date of filing an application.  

5) TRADEMARK REGISTRATION DURATION AND RENEWAL

The registration of a trademark is valid for 10 years from the date of registration. Registration may be extended for unlimited 10 year periods at the request of the owner.

6) IS IT POSSIBLE TO USE A TRADEMARK WHILE REGISTRATION IS PENDING?

Yes, you may use the designation that you have submitted for registration as a trademark. However, you should make sure that you are not using someone else's trademark that is identical or similar to the point of confusion with your declared one.

7) TERMS OF TRADEMARK USE

The owner of the trademark is obliged to use the trademark. Any interested party has the right to apply to the court with an application for early termination of legal protection of the trademark in case of its non-use within 3 continuous years. In this case, the court shall consider such an application only if the pre-trial settlement procedure has been observed.   

8) METHODS OF PROTECTING THE RIGHT OF THE TRADEMARK OWNER

The owner of a trademark is entitled to make the following claims in case of infringement of his rights:

• cessation of trademark use;
• compensation for damages;
• seizure and destruction of counterfeit goods;
• removal of the trademark or confusingly similar designation from documentation, advertising, and signage;
• payment of compensation to the trademark owner (instead of damages).

Author: Sultan Tolomushev