Why and how to register a trademark in Kyrgyzstan

In Kyrgyzstan, trademark registration is mandatory to be granted rights over a trademark, as it is a "first to file" jurisdiction. Only in some exceptional cases can unregistered trademarks be protected. The trademark applications must be filed with the State Service of Intellectual Property and Innovation of Kyrgyzstan. It is not necessary for a trademark to be in use in Kyrgyzstan in order for it to register.

Kyrgyzstan is also a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country. For further information regarding our services for trademark filing through the Madrid System click here.

If you register a combined trademark (which includes both word elements and figurative elements) in Kyrgyzstan, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to file cancellation actions against a trademark after it has been registered.

Those actions must be presented within five years from the date on which the registration is published in the official bulletin. The probabilities of success for a cancellation action will vary in each case depending on the circumstances.

Although a trademark does not have to be in use in order for it to register, it must not go unused for more than three years after registration or it will become vulnerable to cancellation actions based on lack of use of the trademark. 

The term of validity of a registered trademark in Kyrgyzstan is of ten (10) years from the application date. It can then be renewed indefinitely for successive periods of ten years. The renewal may be requested as early as twelve (12) months before the expiration date and as late as six months after it; if the renewal is requested after the expiration date, late renewal fees will apply.

If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Kyrgyzstan (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.

 

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