Trademarks Law in Kyrgyzstan
Trademark law in Kyrgyzstan is governed by Law No. 7 of 1997 on Trademarks, Service Marks, and Appellations of Origin of Goods, along with subsequent amendments. The State Service for Intellectual Property and Innovations (Kyrgyzpatent) is the authority responsible for trademark registration and enforcement
📄 Trademark Registration Process
Application Submission: Applicants must file a trademark application with Kyrgyzpatent, providing:
A clear representation of the trademark
A list of goods and/or services according to the Nice Classification
Applicant's details (name, address, nationality)
A Power of Attorney (simply signed)
A certified copy of the priority document, if applicable
Examination: Kyrgyzpatent conducts both formal and substantive examinations to assess compliance with legal requirements and to ensure the trademark is not identical or confusingly similar to existing marks. The examination process typically takes about 7 months from the application date.
Publication and Opposition: If the application passes examination, it is published in the Official Bulletin. Third parties have a 3-month period from the publication date to file an opposition. After this period, the trademark is registered, and a certificate is issued.
⏳ Duration and Renewal
Initial Registration: Trademarks are registered for 10 years from the filing date.
Renewal: Renewable indefinitely for successive 10-year periods. Renewal applications must be submitted within the last year of the current protection period. A 6-month grace period is allowed for late renewal, subject to payment of a late fee.
Reinstatement: Reinstatement of a lapsed trademark after the grace period is not possible.
⚖️ Use Requirement and Cancellation
Use Requirement: While use is not required for registration, a trademark may be vulnerable to cancellation if it has not been used for 3 consecutive years after registration. Non-use can be challenged by any interested party.
🌍 International Protection
Madrid Protocol: Kyrgyzstan is a member of the Madrid Protocol, allowing for international trademark registration through WIPO. Applicants can seek protection in Kyrgyzstan by filing a single application through the Madrid System.
🛡️ Enforcement and Infringement
In 2023, Kyrgyzstan introduced significant changes to its trademark enforcement laws:
Compensation for Infringements: Rights holders can claim compensation without the need to prove specific losses. The court determines the compensation amount within legal parameters.
Inspection Guidelines: Kyrgyzpatent received guidelines for conducting inspections and initiating administrative proceedings, leading to successful enforcement actions against counterfeit sellers.
✅ Summary
Kyrgyzstan offers a structured and efficient trademark registration process under Law No. 7 of 1997, with a 10-year initial protection period, renewable indefinitely. The introduction of compensation provisions and enhanced enforcement measures strengthens trademark protection in the country. Trademark owners must ensure active use within three years to maintain their rights.
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