The short answer
Under Law No. 70 of 24 March 2023 on Trademarks, Service Marks, Geographical Indications and Appellations of Origin, a trademark registration lasts ten years from the filing date and is extended each time for ten years on an application filed in the last year, with a six-month period after expiry for an additional fee. There is no pre-grant opposition: any person can file an objection to the registration with the Appeals Council. Protection can be ended early by a court after three continuous years of non-use.
Trademark deadlines in Kyrgyzstan at a glance
These rules come from Law No. 70 of 24 March 2023 of the Kyrgyz Republic on Trademarks, Service Marks, Geographical Indications and Appellations of Origin, read in the official Russian text on WIPO Lex, which we have translated. Fees are set under separate legislation, so we confirm them before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | Ten years from the date the application was filed with the authorised state body (Article 19). |
| Which date does the term count from? | The filing date of the application (Article 19(1)). |
| When can I renew? | The registration is extended on the owner's application filed in the last year of its validity, each time for ten years, on payment of the fee. The entry is made in the Register, on the certificate and in the official bulletin (Article 19). |
| Is there a grace period? | Yes. On the owner's request, a six-month period after expiry is granted for the extension, subject to an additional fee (Article 19(2)). |
| Opposition period | There is no opposition before grant. Any person can file an objection to the registration with the Appeals Council, within the whole term for absolute grounds and within five years of the publication of the registration for the other grounds in Article 10. The Council decides within three months, and its decision can be appealed to court within three months (Article 32). |
| Reply to an office action | An applicant who disagrees with a refusal can file an objection with the Appeals Council within three months of the decision being sent, with a fee, and the Council decides within three months. Its decision can be appealed to court within three months (Article 16). |
| Priority claim | Priority is set by the filing date, or by the date of the first application in a Paris Convention state if the Kyrgyz application is filed within six months of that date (Article 12). |
| Non-use | The court can end protection early on the application of any interested person if the mark has not been used for any three years in a row from registration, or from registration of the assignment or licence. Termination can cover all or some goods. The applicant must first send the owner a proposal to respond, as the Law sets out (Article 26(4) to (6)). |
| Assignment | Assignment and pledge contracts are made under Articles 28 to 30 and must be registered with the authorised body (Article 31). |
Who can register a trademark in Kyrgyzstan
Applicants resident in Kyrgyzstan can act personally, through a representative or through a patent attorney. Foreigners must use a registered patent attorney (Article 4).
Representation. Foreign individuals and legal entities, or their patent attorneys registered abroad, must act in registration matters through patent attorneys registered with the Kyrgyz authorised body (Article 4(2)).
Trademark registration process in Kyrgyzstan
Search
- Search the the Kyrgyz authorised state body for intellectual property (Kyrgyzpatent) records for identical or similar marks in your classes.
File the application
- File with the the Kyrgyz authorised state body for intellectual property (Kyrgyzpatent), through a registered patent attorney.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After registration is published, any person can file an objection with the Appeals Council. The time limit is five years for relative grounds and the full term for absolute grounds (Article 32).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Kyrgyz authorised state body for intellectual property (Kyrgyzpatent) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Kyrgyzstan trademark validity and renewal
- Registration lasts ten years from the filing date.
- Extend in the last year, each time for ten years.
- A six-month period after expiry costs an extra fee.
- Use the mark to avoid early termination after three continuous years.
Diarise the last year of the ten-year term from the filing date.
Assignment, licence and changes to a Kyrgyz trademark
Changes
Registered
Changes to the registration are entered under Article 20.
Assignment
Registered
Contracts disposing of the exclusive right must be registered (Article 31).
Invalidity
Appeals Council
Any person can challenge the registration at the Appeals Council (Article 32).
Termination
Court
Early termination is decided by a court (Article 33).
Non-use and cancellation of a Kyrgyz trademark
A registration can be declared invalid through the Appeals Council (Article 32), and protection ends on expiry or early by court decision, including after three years of non-use (Articles 26 and 33).
Keep dated proof of use in Kyrgyzstan: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Kyrgyzstan
Search the Kyrgyz Register of Trademarks and the official bulletin for the filing, registration and extension dates.
Sources used
- Law No. 70 of 24 March 2023 of the Kyrgyz Republic on Trademarks, Service Marks, Geographical Indications and Appellations of Origin, official Russian text on WIPO Lex (translated by us): Articles 4, 12, 16, 19, 26, 31 to 33.
- Kyrgyzpatent for fees, forms and the current procedure.
Kyrgyzstan trademark FAQ
How long does a trademark last in Kyrgyzstan, and from when?
Ten years from the date the application was filed with the authorised state body (Article 19). It counts from the filing date (Article 19).
When should I renew a Kyrgyz trademark, and is there a grace period?
The registration is extended on the owner's application filed in the last year of its validity, each time for ten years, on payment of the fee. The entry is made in the Register, on the certificate and in the official bulletin (Article 19).
What is the opposition period in Kyrgyzstan?
There is no opposition before grant. Any person can file an objection to the registration with the Appeals Council, within the whole term for absolute grounds and within five years of the publication of the registration for the other grounds in Article 10. The Council decides within three months, and its decision can be appealed to court within three months (Article 32).
How much does it cost to register a trademark in Kyrgyzstan?
The official fee is set by the the Kyrgyz authorised state body for intellectual property (Kyrgyzpatent) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Kyrgyzstan?
Yes. A foreign applicant must act through a Kyrgyz registered patent attorney (Article 4(2)). We arrange this.
Can I assign a Kyrgyz trademark?
Assignment and pledge contracts are made under Articles 28 to 30 and must be registered with the authorised body (Article 31).
Can a Kyrgyz trademark be cancelled for non-use?
The court can end protection early on the application of any interested person if the mark has not been used for any three years in a row from registration, or from registration of the assignment or licence. Termination can cover all or some goods. The applicant must first send the owner a proposal to respond, as the Law sets out (Article 26(4) to (6)).
How can I check the status of a Kyrgyz trademark?
Use the the Kyrgyz authorised state body for intellectual property (Kyrgyzpatent) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Priority is set by the filing date, or by the date of the first application in a Paris Convention state if the Kyrgyz application is filed within six months of that date (Article 12).
How do I change the owner's name or address?
Record the change with the the Kyrgyz authorised state body for intellectual property (Kyrgyzpatent) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Kyrgyzstan
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