- Title I General Provisions
- Title II .Trademark or Service Mark
- Title IIIRegistration of the Mark
- 6 Application for Registration of the Mark
- 7 Priority of the Mark
- 8 Examination of the Application for Registration of a Mark
- 9 Preliminary Examination
- 10 Examination of the Sign to which the Application Relates
- 11 Appeal Against the Decision on the Application andReinstatement of Rights Linked to Time Limits
- 12 Registration of the Mark
- 13 Publication of Registration Data
- 14 Issue of the Trademark Certificate
- 15 Period of Validity of the Mark
- 16 Amendments to the Registration
- 17 Registration of the Mark Abroad
- Title IV Collective Mark
- Title V Exploitation of the Mark
- Title VI Transfer of the Mark
- Title VII End of Legal Protection
- Title VIII Appellation of Origin
- Title IX Registration and Right of Use of the Appellation of Origin
- 29 Application for Registration and Acquisition of the Right toUse the Appellation of Origin
- 30 Examination of the Application
- 31 Appeal Against the Decision on the Application andReinstatement of Rights Dependent on Time Limits
- 32 Registration of the Appellation of Origin and Issue of the CertificateAttesting the Right to Use the Appellation of Origin.Publication of the Data on the Registration andthe Right to Use the Appellation of Origin
- 33 Period of Validity of the Certificate Attesting the Rightto Use the Appellation of Origin
- 34 Recording of Amendments in the Register and on the Certificate
- 35 Registration of the Appellation of Origin Abroad
- Title X Exploitation of the Appellation of Origin
- Title XI End of the Legal Protection of the Appellation of Origin
- Title XII Final Provisions
Law on Trademarks, Service Marks and Appellations of Origin*
(of January 14, 1998)
TABLE OF CONTENTS**
Article
Title I: General Provisions
This Law governs the legal, economic and administrative relations that arise in connection with the registration, legal protection and use of trademarks, service marks and appellations of origin in the Kyrgyz Republic.
National Office of Intellectual Property of the Kyrgyz Republic
1. In accordance with this Law, the National Office of Intellectual Property of the Kyrgyz Republic (hereinafter referred to as “Kyrgyzpatent”) shall apply a unified policy in the field of the protection of trademarks, service marks and appellations of origin in the Kyrgyz Republic, receive applications for the registration of trademarks and service marks and applications for the registration and acquisition of the right of use of appellations of origin, carry out the examination and official registration thereof, issue certificates, publish official data, enact the appropriate regulations and rules for the interpretation of the provisions of this Law and discharge other duties in connection with trademarks, service marks and appellations of origin as provided in the Ordinance on Kyrgyzpatent promulgated by the Government of the Kyrgyz Republic.
In order to strengthen its activities in the field of the legal protection of trademarks, service marks and appellations of origin, Kyrgyzpatent is provided with an Appeal Chamber, which shall be the mandatory first-instance tribunal for disputes concerning the subject matter in question, which it shall hear according to its competence. The procedures for the examination of oppositions by the Appeal Chamber shall be laid down by Kyrgyzpatent.
The sources from which the activities of Kyrgyzpatent are financed shall consist of credits in the budget of the Kyrgyz Republic, patent fees, the remuneration charged by Kyrgyzpatent in exchange for the services and documents provided by it, and other extrabudgetary resources.
The Trademark or Service Mark
2. The trademark and the service mark (hereinafter referred to as “marks”) are signs serving to distinguish goods manufactured and services rendered by a natural person or legal entity from goods or services (hereinafter referred to as “goods”) of the same type manufactured or rendered by another natural person or legal entity.
Registration of the mark shall give rise to the issue of a certificate. The certificate shall attest the priority date of the mark and the exclusive right of the owner to the mark in connection with the goods specified in the certificate.
The mark may consist of (iii) letters, figures or combinations thereof; A mark may be registered in any color or in any color arrangement.
The nature of the goods for which the mark is used may not prevent registration of the mark.
This Law shall not apply to holographic marks, with the exception of holographic marks that are visually distinguishable, or to marks that do not consist of visible signs, notably sound marks and olfactory marks.
Legal Protection of the Mark. Exclusive Rights in the Mark
3. The mark is accorded legal protection in the Kyrgyz Republic on the basis of an official registration carried out according to the provisions of this Law, or by virtue of international treaties to which the Kyrgyz Republic is party.
The mark may be registered in the name of a legal entity or in the name of a natural person who engages in a business activity.
The owner of the mark has the exclusive right of use and disposal of the mark, and the right to prohibit third parties from using the mark. No one may use a mark in the Kyrgyz Republic without having obtained authorization from the owner of that mark.
The manufacture, use, importation, offering for sale, sale and any other form of marketing, or the stocking for that purpose of a mark, a product designated by a mark or a sign misleadingly similar to a mark constitute, if they take place without authorization and if they relate to goods of the same type, infringements of the rights of the owner of the mark.
Substantive Grounds for Refusal of Registration
4. Marks may not be registered where they consist exclusively of signs or indications (iii) that constitute official denominations of States, emblems or abbreviated or full names of international organizations, official signs or hallmarks denoting control or warranty or assay marks, or decorations or other honorary signs, or signs misleadingly similar to such signs or indications; such signs or indications may be included in the mark as unprotected elements subject to the agreement of the competent body or their owner;
(iv) that have become the usual designation for goods of a particular type; The signs or indications referred to in subparagraphs (ii), (iv), (v) and (vi) of the first paragraph of this Article may be included in the mark as unprotected elements on condition that they do not predominate.
Signs or indications may not be registered as marks or as elements thereof where they
(i) are inaccurate or liable to mislead the consumer concerning the product or its producers;
(ii) are contrary to the general interest, humanitarian principles or morality.
1
Mark 3
Title III: Registration of the Mark
Examination of the Application for Registration of a
Examination of the Sign to which the Application
Appeal Against the Decision on the Application and
Title IV: Collective Mark
Title V: Exploitation of the Mark
to Exploit the Mark 20
Title VI: Transfer of the Mark
Registration of the Contract of Assignment of the
Title VII: End of Legal Protection
Title VIII: Appellation of Origin
Title IX: Registration and Right of Use of the Appellation of
Origin
Right to Use the Appellation of Origin 29
30
the Certificate Attesting the Right to Use the
Appellation of Origin. Publication of the Data on the
Registration and the Right to Use the Appellation of
Origin 32
Right to Use the Appellation of Origin 33
Recording of Amendments in the Register and on the Certificate...................................................................... 34 Registration of the Appellation of Origin Abroad......... 35 Title X: Exploitation of the Appellation of Origin Exploitation of the Appellation of Origin ..................... 36 Reserved Rights Notice................................................. 37 Title XI: End of the Legal Protection of the Appellation of Origin Invalidation of the Registration of the Appellation of Origin and of the Certificate Attesting the Right to Use the Appellation of Origin .............................................. 38 Title XII: Final Provisions Fees ............................................................................... 39 Consideration of Disputes Arising from the Implementation of this Law .......................................... 40 Sanctions for Unlawful Use of the Mark or Appellation of Origin .................................................... 41 Rights of Foreign Natural Persons and Legal Entities... 42 International Treaties .................................................... 43 Entry into Force of this Law ......................................... 44 Title I General Provisions
Title II
Trademark or Service Mark