RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of January 23, 2024 No. 18

About approval of acts concerning registration of means of individualization and modification of the order of the Government of the Kyrgyz Republic "About approval of Rules of creation, giving and consideration of the request for registration and provision of right to use by the name of the place of goods origin and the request for right to use provision by already registered name of the place of goods origin" of February 29, 2012 No. 153

For the purpose of implementation of Articles 1, of 11, of part 7 of article 54 of the Law of the Kyrgyz Republic "About trademarks, service marks, geographical instructions and names of places of goods origin", according to articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve:

1) Rules of creation, giving and consideration of the request for registration of the trademark and service mark according to appendix 1;

2) Rules of creation, giving and consideration of the request for registration and provision of right to use by geographical specifying and requests for right to use provision by earlier registered geographical specifying according to appendix 2.

2. Bring in the order of the Government of the Kyrgyz Republic "About approval of Rules of creation, giving and consideration of the request for registration and provision of right to use by the name of the place of goods origin and the request for right to use provision by already registered name of the place of goods origin" of February 29, 2012 No. 153 the following changes:

Preamble after words "service marks" to add 1) with words ", geographical instructions";

2) in Rules of creation, giving and consideration of the request for registration and provision of right to use by the name of the place of goods origin and the request for right to use provision by already registered name of the place of goods origin approved by the above-stated resolution:

- "service marks" to add preamble after words with words ", geographical instructions";

- in Item 1:

state paragraph two in the following edition:

"The right to application for registration of the name of the place of goods origin and/or receipt of right to use by the name of the place of goods origin associations (unions) which members act on the basis of the Charter, being in geographical object which name is used as the name of the place of goods origin have if the goods made by them meet the requirements established by part 2 of article 34 of the Law.";

add with the paragraph of the following content:

"Right to use by the name of the place of goods origin registered in accordance with the established procedure can be provided to any legal entity or physical person which is in the same geographical object and making goods with the same properties and characteristics on condition of confirmation of properties and characteristics of goods by persons specified in part 5 of article 35 of the Law subsequently.";

- state Item 2 in the following edition:

"2. The application is submitted to authorized state body in the field of intellectual property (further - Kyrgyzpatent) directly or goes by mail on paper or in electronic format by means of system of electronic application (further - EPZ). The application process through the EPZ system is established by the Instruction for use of the EPZ system approved by Kyrgyzpatent.";

- in Item 3:

in the paragraph the second shall be replaced with words the word "independently" "personally, through the representative";

paragraphs the third, fourth to state in the following edition:

"Foreign legal entities or physical persons or their patent agents who are constantly living outside the Kyrgyz Republic run the business connected with registration of the name of the place of goods origin and provision of right to use by it or with right to use provision by already registered name of the place of goods origin, only through the patent agents registered in Kyrgyzpatenta if other procedure is not established by the international treaties which became effective according to the legislation of the Kyrgyz Republic.

The drawn-up power of attorney in the original or properly the verified copy of the power of attorney is attached to the application submitted through the patent agent properly.";

in paragraph six of the word "owing to come in the procedure established by the law into force of international treaties which participant is the Kyrgyz Republic" shall be replaced with words "according to the international treaties which became effective according to the legislation of the Kyrgyz Republic";

- to add Item 8 paragraph two after the word "residences" with words ", the charter of group, association (unions) and e-mail addresses";

- add Item 9 with paragraphs of the following content:

"-the written consent to collection, processing, accumulating, storage and distribution of personal data of the applicant according to the Law of the Kyrgyz Republic "About information of personal nature" (for physical persons);

- the power of attorney on the patent agent and/or on the representative which does not require notarial assurance.";

- in Item 10:

the paragraph one to add with the offer the second the following content: "The request and documents attached to it can be filed electronically, with observance of conditions, stipulated in Item 12 these rules.";

add with paragraphs of the following content:

"Additional requirements or withdrawals to filling of the request and the documents attached to it when giving electronically, except for requirements to execution of the signature, are established by the Instruction for use of the EPZ system approved and published by Kyrgyzpatent.

The electronic application form is signed by the qualified digital signature (further - KEP) if the application is submitted through the official web portal of Kyrgyzpatent.

If the application is submitted by means of the Single system of identification and authentication (The state portal of electronic services of the Kyrgyz Republic), KEP is not required.";

- state Item 11 in the following edition:

"11. In case of application in paper form the documents attached to the request are represented in printed form in one copy.";

- in Item 12:

in paragraph one of the word "given in appendix 1 to these rules" shall be replaced with words "established by Kyrgyzpatent";

in the paragraph the second shall be replaced with words the words "given in appendix 2 to these rules" "established by Kyrgyzpatent";

in paragraph four of figure "71" to replace with figures "731";

the fifth to state the paragraph in the following edition:

"For the legal entity of the Kyrgyz Republic asking registration of the name of the place of the goods origin and/or the physical person who is engaged in business activity, asking right to use provision by the name of the place of goods origin, are specified identification taxpayer number (further - INN), and also in the presence the all-republican qualifier of the companies and organizations (RCBO code). For physical person the personal identification number (PIN) is specified.";

word in paragraph six "World Intellectual Property Organization (further - VOIS)" shall be replaced with words ST.3 "ST.3 World Intellectual Property Organization (further - the VOIS ST standard. 3)";

to state paragraphs of the seventh, eighth in the following edition:

"In the column following the column under code 731, the complete postal address of the applicant (legal address of the legal entity or the residential address of physical person), including the official name of the country, and also phone numbers, including mobile, at least two e-mail addresses (further - e-mail), also number of the fax is specified if is available.

Under code 750 the name or the name of the addressee, phone numbers, including mobile, at least two addresses e-mail, also number of the fax are given in the graph the address for correspondence, if is available.";

in paragraph nine of the word "registered in Kyrgyzpatenta" shall be replaced with words "e-mail and numbers of mobile phones";

the tenth to state the paragraph in the following edition:

"The following information about him is provided in the column under code 740, which is filled in in case the patent agent is appointed the applicant: surname, name, middle name (if is available), registration number in Kyrgyzpatenta, the location address in the Kyrgyz Republic, phone numbers, including mobile phones, at least two addresses e-mail and if is available, number of the fax.";

in paragraph eleven of figure "54" to replace with figures "540";

in the paragraph the seventeenth words of "part four of article 28 of the Law" shall be replaced with words "parts 6 of article 35 of the Law";

in the paragraph the nineteenth "the paragraph the second parts five of article 29 of the Law" shall be replaced with words words "Item 1 of part 4 of article 37 of the Law";

in the paragraph the twenty first "the paragraph third parts five of article 29 of the Law" shall be replaced with words words "Item 2 of part 4 of article 37 of the Law";

- in paragraph five of Item 14 of the word "obtaining by it" shall be replaced with words "directions";

- in paragraph one of Item 16 of the word "part two of article 30 of the Law" shall be replaced with words "part 3 of article 38 of the Law";

- Item 18 in paragraph three to replace the word "obtaining" with the word "directions";

- in Item 19:

word in paragraph one "part 4 of article 30 of the Law" shall be replaced with words "the paragraph the second parts 2 of article 38 of the Law";

in the paragraph the second to replace the word "obtaining" with the word "directions";

third to state the paragraph in the following edition:

"Prolongation of term of representation of required materials is not made if the petition is submitted with violation of fixed terms, and also in case of non-presentation of the document on payment of duty or if the amount of the paid duty does not correspond to the established size.";

- in Item 20:

in paragraph three of the word "on the solution of preliminary expert examination or" to exclude;

word in paragraph four "confirmations of reasonable excuses on which term was passed" shall be replaced with words "payments of duty";

- the paragraph one of Item 21 to state in the following edition:

"21. The applicant can withdraw the request at any stage of its consideration. The application for withdrawal of the request shall be submitted no later than registration date of the name of the place of goods origin and/or introduction of record about right to use provision by the name of the place of goods origin to the State register of geographical instructions and names of places of goods origin (further - the Register).";

- add Item 24 with the paragraph of the following content:

"In case of application in electronic format the applicant is informed by the electronic notification.";

- state Item 25 in the following edition:

"25. Preliminary expert examination.

1) Terms of conducting preliminary expert examination.

Within one month from the date of application in Kyrgyzpatenta preliminary expert examination of the request is carried out.

2) Tasks of preliminary expert examination.

During conducting preliminary expert examination the structure of the necessary documents of the request provided by Items 7-11 of these rules, correctness of its registration, payment of duty is checked. By results of this check the decision on adoption of the request or on refusal in its acceptance is taken cognizance.

3) Content of preliminary expert examination.

When conducting preliminary expert examination in the provided materials availability and compliance to the established requirements is checked:

- statements for registration of the name of the place of goods origin and provision of right to use by it or statements for right to use provision by already registered name of the place of goods origin;

- instructions of the name or surname, name, middle name of the applicant(s), its address(es) of the residence/location;

- surnames, name, middle name and address of the residence/location of the patent agent or other representative to availability of that;

- the declared designation;

- instructions of goods for which designation registration of the name of the place of goods origin and provision of right to use by it or right to use provision by already registered name of the place of goods origin with indication of the place of its production (borders of geographical object) is asked;

- descriptions of special characteristics of goods;

- the document on payment of duty on application, conducting preliminary expert examination and examination of the declared designation;

- the power of attorney issued to the patent agent, the applicant's representative;

- the conclusion(s) of competent authority (competent authorities) that the applicant is in the specified geographical object and are made by goods which special characteristics are determined by environment or human factors or environment and human factors, characteristic of this geographical object, at the same time;

- the document confirming the right of the foreign applicant to the name of the place of goods origin declared to them in the country of goods' origin;

- the translation of the documents attached to the request, provided not in the state or official language;

- the written consent to collection, processing, accumulating, storage and distribution of personal data of the applicant according to the order of the Government of the Kyrgyz Republic "About approval of the Procedure for receipt of consent of the subject of personal data to collection and processing of its personal data, procedure and form of the notification of subjects of personal data on transfer of their personal data to the third party" of November 21, 2017 No. 759.

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