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LAW OF THE KYRGYZ REPUBLIC

of January 14, 1998 No. 7

About trademarks, service marks and names of places of goods origin

(The last edition from 26-05-2018)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on December 16, 1997

This Law governs the legal, economic and organizational relations arising in connection with registration, legal protection and use of trademarks, service marks and names of places of goods origin in the Kyrgyz Republic.

Section 1. General provisions

Article 1. State body in the field of intellectual property

The authorized state body in the field of intellectual property (further - Kyrgyzpatent) according to this Law performs single state policy in the field of protection of trademarks, service marks and names of places of goods origin in the Kyrgyz Republic, takes cognizance of requests for registration of trademarks and service marks, and also requests for registration and provision of right to use by the name of the place of goods origin, carries out on them expertize, performs their state registration, grants certificates, publishes official data, within the competence develops drafts of acts, performs other functions relating to trademarks, service marks and names of places of goods origin according to the regulations on it approved by the Government of the Kyrgyz Republic.

For the purpose of enhancement of activities of Kyrgyzpatent for provision of legal protection of trademarks, service marks and names of places of goods origin in case of Kyrgyzpatenta Appeal council which is obligatory primary body for consideration of the disputes arising on the specified objects according to its competence is created. The procedure for consideration of objections by Appeal council is determined by the Government of the Kyrgyz Republic.

Financing of activities of Kyrgyzpatent it is performed at the expense of means of the republican budget.

Section II. Trademark and service mark

Article 2. Trademark and service mark

The trademark and service mark (further - the trademark) are the designations capable to distinguish respectively goods and services of one legal entities or physical person from uniform goods or services (further - goods) of other legal entities or physical persons.

On registered trade mark the certificate is granted. The certificate certifies trademark priority, exclusive right of the owner to the trademark concerning the goods specified in the certificate.

As trademarks verbal, graphic, volume and other designations or their combinations can be registered.

The trademark can be registered in any color or color combination.

Nature of goods to which the trademark is applied cannot be obstacle for registration of the trademark.

This Law is not applied to visually not distinguishable designations, and also to sound and olfactory signs.

Article 3. Legal protection of the trademark. Exclusive right on the trademark

Legal protection of the trademark in the Kyrgyz Republic is provided based on its state registration according to the procedure, established by this Law, or owing to international treaties which participant is the Kyrgyz Republic.

The trademark can be registered addressed to the legal entity, and also the physical person performing business activity.

The owner of the trademark has exclusive right to use and dispose of the trademark, and also to forbid its use by other persons. The exclusive right on the trademark can be pledge subject. Nobody can use in the Kyrgyz Republic the trademark without the permission of its owner.

Violation of the right of the owner of the trademark unauthorized production, application, import, the offer to sale, sale and other introduction in economic circulation or storage for this purpose of the trademark or goods designated by this sign or the designations similar to it to extent of mixture, concerning uniform goods is recognized.

The exclusive right on the trademark arises from the date of entering of the trademark into the State register of trademarks of the Kyrgyz Republic (further - the Register).

Unauthorized use of the designation identical or mixture, similar to degree, with the trademark of this owner, as the address is also recognized the Internet violation of the right of the owner of the trademark. The procedure for use of the trademark or designation similar to it to extent of mixture, as the address on the Internet is established by the Government of the Kyrgyz Republic.

Article 4. The absolute bases for refusal in registration

Registration as trademarks of the designations which do not have distinctive capability or consisting only of elements is not allowed:

1) entered the general use as designation of goods of certain type;

2) being the commonly accepted terms and symbols in the relation to goods for which it is offered to use such terms or symbols as signs;

3) specifying by sight, quality, quantity, property, appointment, value of goods, and also for time and the place of their origin, production or sale.

The elements specified in Items 1 - 3 parts of 1 this Article, can be included as unprotected elements in the trademark if they do not hold in it dominant position.

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