of February 29, 2012 No. 153
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
For the purpose of implementation of the Law of the Kyrgyz Republic "About trademarks, service marks, geographical instructions and names of places of goods origin" the Government of the Kyrgyz Republic decides:
1. Approve 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 according to appendix.
2. This Resolution becomes effective from the date of official publication.
Prime Minister
O. Babanov
Appendix
Approved by the Order of the Government of the Kyrgyz Republic of February 29, 2012 No. 153
These 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 are developed by already registered name of the place of goods origin (further - Rules) according to the Law of the Kyrgyz Republic "About trademarks, service marks, geographical instructions and names of places of goods origin" (further - the Law).
1. Persons having the right to application.
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.
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.
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.
3. Application through the patent agent.
The application is submitted to Kyrgyzpatent by the applicant(s) personally, through the representative or through the patent agent registered in Kyrgyzpatenta.
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.
The power of attorney on representation before Kyrgyzpatent drawn up in the Kyrgyz Republic, is made according to the procedure, stipulated by the legislation the Kyrgyz Republic.
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