Kyrgyzstan is a “first-to-file” jurisdiction, which means registration is required to obtain and enforce rights over a trademark. Only in limited, exceptional situations can unregistered trademarks receive protection. Registering your mark allows you to:
- Secure exclusive rights over your trademark in Kyrgyzstan.
- Have clear evidence of ownership to prevent future disputes.
- Enforce your rights in cases of trademark infringement.
Trademark applications must be filed with the State Service of Intellectual Property and Innovation of Kyrgyzstan trademarks office.
Kyrgyzstan is also a member of the Madrid Protocol, so it is possible to obtain protection by designating Kyrgyzstan in an international registration via the Madrid System.
A trademark does not need to be in use in Kyrgyzstan in order to be filed or registered.
If you register a combined trademark (word + figurative elements) in Kyrgyzstan, your exclusive right is limited to the exact configuration as filed. If you want to use and protect the word element or the logo separately, you should consider filing additional trademarks for those elements alone.
If a third party registers a trademark for similar goods or services that includes a primary or distinctive portion of your mark, you have the right to file a cancellation action against that registration based on similarity and prior rights.