Registration of the trademark: 8 Frequently Asked Questions

Trademark or service mark means a sign which identifies products or services of a particular entity or individual from those of others. Collective mark means a sign used by entities representing unions and business associations, concerns, or other associations to identify themselves by quality or other common characteristics.

Verbal (abbreviations, words, slogans, etc.), visual (logotypes, photographs, drawings, etc.), volumetric and other signs or their combinations can be registered as a trademark. A trademark can be registered in any color or color combination. Visually indistinguishable signs, as well as sound and smell marks are not subject to registration.

The trademark office is the State Service of Intellectual Property and Innovations under the Government of the Kyrgyz Republic (Kyrgyz Patent Office).

A trademark registration application can be filed by entities or individuals engaged in entrepreneurial activities. The application can be filed through a patent attorney or other agent. The trademark owner has the exclusive right to use, dispose of and prohibit the use of a trademark from the date of recording it in the State Registry (Registry).

- A trademark registration application stating the applicant and its place of business or residence;
- A description of the mark applied for;
- A list of goods and services for which the trademark registration is claimed classified according to ICGS;
- A proof of payment of the registration fee;
- A charter of the collective mark, if the application is filed for registration of a collective mark;
- A power of attorney, if the registration application is filed through the patent attorney or other agent.
Kyrgyz applicants are required by the Kyrgyz Patent Office to submit a copy of the certificate of state registration (re-registration) as a legal entity or individual entrepreneur.

The power of attorney completed in the Kyrgyz Republic must be executed in the manner provided by Kyrgyz law or by the law of the country where it is executed. In case of any doubts about its authenticity, at the request of the Kyrgyz Patent Office, the power of attorney must be legalized by the consular institution of the Kyrgyz Republic except in cases when no legalization is required under the treaties of the Kyrgyz Republic or the principle of reciprocity.

The power of attorney issued to a patent attorney to represent a foreign entity or national permanently residing outside the Kyrgyz Republic must meet the following requirements:
- be signed by the person who has issued it;
- be issued to an individual registered with the Kyrgyz Patent Office as a patent attorney;
- state the scope of authority of the patent attorney and date of its execution without which it will be deemed invalid.

The power of attorney issued to several patent attorneys registered with the Kyrgyz Patent Office entitles any of them to handle the trademark application.

Application review process comprises a preliminary review and a trademark examination. The preliminary review is completed within 1 month from the date of filing an application. Based on the results of the preliminary review, the application is either accepted or denied.
Upon completion of the preliminary review, the trademark registration is held and completed within 12 months from the date of filing an application.
Also, at the applicant’s request and subject to payment of a registration fee, the trademark examination can be completed early within 6-7 months.

Based on the result of the trademark examination, the application is either accepted or denied.

Pursuant to the decision to register a trademark, the Kyrgyz Patent Office, within 1 month from the date of receiving the proof of payment of the fee for registration, publication and issue of a certificate, completes the registration of the trademark in the Registry. The issue of the trademark certificate is completed by the Kyrgyz Patent Office 3 months after the date of publication of the trademark in the official bulletin. The trademark registration is valid for 10 years from the date of filing an application with the Kyrgyz Patent Office.
The number of classes in the application is not limited; the fee is charged for each class.