The current trademark regulations in Kyrgyzstan are mainly based on the provisions on "trademarks and indications of origin" in the "Law of the Kyrgyz Republic" promulgated on January 14, 1998. The Kyrgyzstan Trademark Office is responsible for managing trademark affairs and the official language is Kyrgyz. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Kyrgyzstan adopts the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
Kyrgyzstan is a party to international intellectual property treaties such as the TRIPS Agreement, the Trademark Law Treaty, the Paris Convention, the Nice Agreement, the WIPO Convention, the Singapore Treaty, the Vienna Treaty, and the Nairobi Treaty. It has also joined the Madrid Agreement and the Madrid Protocol, so trademark registration can be processed through "single country registration" or "Madrid international registration".
At present, the Kyrgyzstan Trademark Office adopts the Nice Classification 11th edition for the description of goods and services and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Kyrgyzstan include: text, name, graphics, three-dimensional logo, color combination, slogan, dynamic image, etc. Among them, the three-dimensional logo and color combination need to meet specific requirements when applying for registration.
If the applicant resides outside of Kyrgyzstan, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific product/service items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a trademark in Kyrgyzstan is: application - examination - approval - issuance - announcement. After about one week of application submission, the application will be accepted, and the Kyrgyzstan Trademark Office will conduct formal and substantive examinations. Once the examination is approved, the registration will be granted and a registration certificate will be issued; If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If everything goes smoothly, trademark registration in Kyrgyzstan will take 1-2 years.
There is currently no objection procedure in Kyrgyzstan. Anyone who believes that a registered trademark has infringed their rights can file an invalidation or revocation application for the registered trademark to protect their trademark rights.
The trademark registration in Kyrgyzstan is valid for 10 years, starting from the date of application; Renewal can be processed within 12 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. Malicious registration;
3. Well known trademark;
4. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc;
5. The trademark lacks distinctiveness;
6. Trademarks are descriptive;
7. Common names or vocabulary within the industry;
8. The trademark has adverse effects;
9. Geographical Indication.