Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

The document ceased to be valid since  August 20, 2016 according to article 5 of the Law of the Kyrgyz Republic of  July 23, 2016 No. 133

LAW OF THE KYRGYZ REPUBLIC

of December 23, 1999 No. 145

About trade names

(as amended on 27-01-2014)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on November 25, 1999

This Law regulates state registration of trade names of the legal entities registered according to the procedure, established by the legislation of the Kyrgyz Republic.

Chapter I. General provisions

Article 1. Regulation subject

This Law governs the relations arising in connection with state registration, legal protection and use of trade names in the Kyrgyz Republic.

Article 2. State body in the field of intellectual property

The authorized state body of the Kyrgyz Republic in the field of intellectual property (further - Kyrgyzpatent) according to this Law is the body performing state regulation in the field of protection of trade names in the Kyrgyz Republic. Kyrgyzpatent takes cognizance of requests for registration of trade names, carries out on them expertize, performs their state registration, grants certificates, publishes official data, within the competence develops drafts of acts in pursuance of this Law, performs other functions relating to trade names 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 to trade names in case of Kyrgyzpatenta Appeal council which is obligatory primary body for consideration of the disputes arising on trade names is effective.

The procedure for consideration of objections by Appeal council is determined by the Government of the Kyrgyz Republic.

Article 3. Legal regulation of trade names

The relations arising in connection with state registration, legal protection and use of trade names of legal entities are regulated by this Law and other regulatory legal acts of the Kyrgyz Republic.

State registration of trade names is voluntary.

Chapter II. Trade names, their legal protection

Article 4. Trade names

The trade name is steady full or abbreviated name of the legal entity under which it performs the activities and which distinguishes it from other legal entity.

The trade name of the legal entity according to requirements of regulations of the Civil code of the Kyrgyz Republic shall contain specifying on form of business of the legal entity and proper name or common noun of distinctive value. Trade names of banks and financial credit institutes which activities are licensed by National Bank of the Kyrgyz Republic along with requirements imposed by this Law shall meet the requirements of the bank law of the Kyrgyz Republic.

Along with the data provided by part two of this Article, the trade name of the legal entity may contain other elements.

As trade name own surname or its combination to name can be used. If the identical surname or similar to it to extent of mixture surname is already used by the namesake as trade name, the applicant on the offer Kyrgyzpatenta shall make addition to surname in the form of the verbal element having distinctive sign.

The physical person, according to requirements of regulations of the Civil code of the Kyrgyz Republic, acquires and performs the rights to business activity only under the name including surname, name and middle name. The physical person can perform individualization of business activity by registration of the name as the trademark.

Use in trade names of the words "Kyrgyz", "State" and "National" in any their combinations, and also instructions on the official complete or reduced name of the Kyrgyz Republic, is allowed according to the procedure, determined by the President of the Kyrgyz Republic and the Government of the Kyrgyz Republic.

On the trade name of the legal entity registered by Kyrgyzpatent by results of examination the certificate which certifies its protectability is granted.

Article 5. The bases for refusal in registration of trade names

Are not subject to registration as trade names of designation:

1) Ceased to be valid according to the Law of the Kyrgyz Republic of 27.01.2014 No. 19

2) Ceased to be valid according to the Law of the Kyrgyz Republic of 27.01.2014 No. 19

3) matching surname of person, famous in the Kyrgyz Republic, - without its consent or its heirs;

4) matching names of the known non-profit organizations or similar to them to extent of mixture;

5) matching with the trade names registered or provided on registration to Kyrgyzpatent or similar to them to extent of mixture, - for identical or similar types of activity;

6) mixtures, coincident or similar to degree, with the verbal or combined trademarks (service marks), well-known trademarks, names of places of goods origin protected in the territory of the Kyrgyz Republic - concerning identical or similar types of activity;

7) matching names of the states, international organizations or similar to them to extent of mixture;

8) misleading the consumer concerning the owner of the protected object of industrial property, its location (address), nature and type of activity, identity or similarity to trade names, trademarks and service marks;

9) Ceased to be valid according to the Law of the Kyrgyz Republic of 27.01.2014 No. 19

10) Ceased to be valid according to the Law of the Kyrgyz Republic of 27.01.2014 No. 19

11) Ceased to be valid according to the Law of the Kyrgyz Republic of 27.01.2014 No. 19

12) Ceased to be valid according to the Law of the Kyrgyz Republic of 27.01.2014 No. 19

13) Ceased to be valid according to the Law of the Kyrgyz Republic of 27.01.2014 No. 19

14) the humanities contradicting moral standards, the principles and interests of society;

15) Ceased to be valid according to the Law of the Kyrgyz Republic of 27.01.2014 No. 19

The part two of Article 5 voided according to the Law of the Kyrgyz Republic of 27.01.2014 No. 19

Article 6. Legal protection of trade name

Legal protection of trade name in the Kyrgyz Republic arises based on its state registration according to the procedure, established by this Law, and concerning trade name of the foreign legal entity without registration - from start date of implementation by the foreign legal entity of activities as the participant of civil circulation in the territory of the Kyrgyz Republic.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.