ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of September 25, 2012 No. 634

About approval of the Procedure for use in trademarks, service marks, names of legal entities of the term "Manas" and the words and phrases formed on its basis

According to the laws of the Kyrgyz Republic "About the epos Manas" and "About trademarks, service marks and names of places of goods origin", for the purpose of streamlining of use in trademarks, service marks, names of legal entities of the term "Manas" and the words and phrases formed on its basis decides the Government of the Kyrgyz Republic:

1. Approve the Procedure for use in trademarks, service marks, names of legal entities of the term "Manas" and the words and phrases formed on its basis according to appendix.

2. Grant the right to Public service of intellectual property and innovations under the Government of the Kyrgyz Republic and to the Ministry of Justice of the Kyrgyz Republic within the competence to resolve issues of use in trademarks, service marks, names of legal entities of the term "Manas" and the words and phrases formed on its basis.

3. This Resolution becomes effective from the date of official publication.

Approved by the Order of the Government of the Kyrgyz Republic of September 25, 2012 No. 634

Appendix

Procedure for use in trademarks, service marks, names of legal entities of the term "Manas" and the words and phrases formed on its basis

This Procedure is developed according to the laws of the Kyrgyz Republic "About the epos "Manas", "About Trademarks, Service Marks and Names of Places of Goods Origin", Items 1 and 4 of Article 89 of the Civil code of the Kyrgyz Republic and governs the relations on use in trademarks, service marks and names of legal entities, branches (representations) in case of their state registration (re-registration) of the term "Manas" and the words and phrases formed on its basis.

The Section I Use in trademarks, service marks of the term "Manas" and the words and phrases formed on its basis

1. Use of the term "Manas" and the words and phrases formed on its basis in trademarks and service marks (further - the trademark) is made for national and foreign applicants according to the Section I of this Procedure.

2. The term "Manas" and words formed on its basis and phrases can be used in the trademark as unprotected element if the applicant:

a) is public authority;

b) holds dominant position in the goods market of the Kyrgyz Republic;

c) makes and/or renders types of goods and/or services unique, inherent only in the Kyrgyz Republic;

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 renders the services directed to improvement of social and economic infrastructure of the Kyrgyz Republic.

3. In case of receipt of requests from the applicants specified in the subitem "an" of Item 2 of the Section I of this Procedure them the corresponding regulatory legal act determining them legal status is represented.

4. If applicants are the physical persons or legal entities performing business activity, authorized body in the field of intellectual property and innovations (further - Kyrgyzpatent) has the right to request the conclusion of competent authority establishing availability of the conditions provided by subitems of "b"-"d" of Item 2 of the Section I of this Procedure from the applicant.

At the same time the conclusions are represented to Kyrgyzpatent:

1) concerning the applicants specified in the subitem "b" of Item 2 of the Section I of this Procedure - authorized state body in the area anti-monopoly politicians of the Kyrgyz Republic;

2) concerning the applicants specified in the subitem "v" of Item 2 of the Section I 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 2 of the Section I of this Procedure - authorized state body in the field of the industry and/or trade of the Kyrgyz Republic, and/or Chamber of Commerce and Industry of the Kyrgyz Republic.

5. As trademarks the designations including the term "Manas" and the words formed on its basis and the phrases 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 the certificate on state registration of the legal entity is submitted.

6. The documents specified in items 4 and the 5th Section I of this Procedure shall be submitted within terms, the stipulated in Article 10 Laws of the Kyrgyz Republic "About trademarks, service marks and names of places of goods origin".

If the applicant broke the specified term or left examination request without answer, the request is considered withdrawn.

7. In case of receipt of the documents provided by items 4 and the 5th Section I of this Procedure within ten days the expert opinion of Kyrgyzpatent on opportunity or impossibility of inclusion of the term "Manas" and the words and phrases formed on its basis as unprotected element, in the trademark is taken out (further - the expert opinion).

8. For consideration of expert opinions and the decision making obligatory for examination, Kyrgyzpatentom is created collegiate organ - the commission on consideration of expert opinions on the designations containing the term "Manas" and words formed on its basis and phrases (further - the Commission).

9. The structure of the Commission is created and affirms Kyrgyzpatent's head from among Kyrgyzpatent's specialists.

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