of February 13, 2006 No. 94
About procedure for use in trademarks, service marks of the complete or reduced name of the Kyrgyz Republic and words and combinations formed on its basis
According to the Law of the Kyrgyz Republic "About trademarks, service marks and names of places of goods origin" and for the purpose of streamlining of use in trademarks, service marks, geographical instructions of the complete or reduced name of the Kyrgyz Republic and words and combinations formed on its basis, the Government of the Kyrgyz Republic decides:
1. Approve the enclosed Procedure for use in trademarks, service marks of the complete or reduced name of the Kyrgyz Republic and words and combinations formed on its basis.
2. Grant the right to the State agency of intellectual property and innovations under the Cabinet of Ministers of the Kyrgyz Republic when carrying out state registration of trademarks and service marks to resolve issues of use in trademarks and service marks of the complete or reduced name of the Kyrgyz Republic and words and combinations formed on its basis.
3. Ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 08.07.2019 No. 343.
4. Declare invalid the Order of the Government of the Kyrgyz Republic of March 28, 2001 No. 136 "About the questions connected with procedure for use of the state symbolics, the name of the Kyrgyz Republic in trademarks (service marks)".
5. To impose control over the implementation of this Resolution on department of education, culture and sport of Government office of the Kyrgyz Republic.
Prime Minister
F.Kulov
Approved by the Order of the Government of the Kyrgyz Republic of February 13, 2006 No. 94
1. This Procedure for use in trademarks, service marks of the complete or reduced name of the Kyrgyz Republic and words and combinations formed on its basis (further - the Procedure) is developed according to the Law of the Kyrgyz Republic "About trademarks, service marks, geographical instructions and names of places of goods origin".
2. This Procedure governs the relations on use in trademarks and service marks (further - the trademark), the complete or reduced name of the Kyrgyz Republic and words and combinations formed on its basis.
3. Use in trademarks of the official complete or reduced name of the Kyrgyz Republic and words and combinations formed on its basis is made according to this Procedure.
4. The designations containing the complete or reduced name of the Kyrgyz Republic and words formed on its basis and combinations can be included in the trademark, service mark if the applicant:
a) is state governing body;
b) holds dominant position in the goods market of the Kyrgyz Republic;
c) makes and/or carries out types of goods unique, inherent only in the Kyrgyz Republic, works and services;
d) long time (at least 5 years) presents interests of the Kyrgyz Republic at the world market when implementing foreign economic activity;
e) makes goods and/or performs the works and services directed to improvement of social and economic infrastructure of the Kyrgyz Republic.
5. The designations specified in item 4 of this Procedure can be included as unprotected elements in the trademark if they do not hold in it dominant position.
6. In case of receipt of the request for registration of the trademark from the applicants specified in the subitem "an" of item 4 of this Procedure them the corresponding regulatory legal act determining them legal status is represented.
7. If applicants are the physical persons or legal entities performing business activity in the course of conducting examination of the request for registration of the trademark or the declared designation containing the complete or reduced name of the Kyrgyz Republic and words formed on its basis and combinations, the State agency of intellectual property and innovations under the Cabinet of Ministers of the Kyrgyz Republic (further - Kyrgyzpatent) has the right to request the conclusion of the competent authority establishing availability of the conditions provided by subitems of "b"-"d" of item 4 of this Procedure from the applicant.
At the same time the specified conclusions are represented to Kyrgyzpatent:
1) concerning the applicants specified in the subitem "b" of item 4 of this Procedure - antimonopoly authority of the Kyrgyz Republic;
2) concerning the applicants specified in the subitem "v" of item 4 of this Procedure - the relevant state body of management to which maintaining activities of this applicant belong;
3) concerning the applicants specified in subitems "g" and "d" of item 4 of this Procedure - authorized state bodies in the sphere of the industry and trade of the Kyrgyz Republic and Commerce and industry chamber of the Kyrgyz Republic.
8. As trademarks the designations containing the complete or reduced name of the Kyrgyz Republic and words formed on their basis and combinations identical or similar, to the name of the applicant (legal entity) registered in accordance with the established procedure can be registered. In this case the applicant provides the certificate on state registration of the legal entity.
If applicants are the legal entities who are bank or financial credit institutions, using in the activities, as trademarks of designation, the containing complete or reduced names of the Kyrgyz Republic and words formed on their basis and combinations, these relations are governed according to the procedure, determined by the Cabinet of Ministers of the Kyrgyz Republic.
9. The documents specified in Items 6 and 7 of this Procedure shall be submitted within terms, the stipulated in Article 13 Laws of the Kyrgyz Republic "About trademarks, service marks, geographical instructions and names of places of goods origin".
Paragraph two of ceased to be valid according to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 19.10.2023 No. 555
10. In case of receipt of the documents provided in Items 6, 7 presents About examination within ten working days takes out the conclusion about opportunity or impossibility of inclusion in trademarks of the official complete or reduced name of the Kyrgyz Republic and words and combinations formed on their basis (further - experimental testimony).
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