WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/KGZ/I/2
30 July 1999
(99-3246)
Council for Trade-Related Aspects
of Intellectual PropertyOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND
REGULATIONS NOTIFIED UNDER ARTICLE 63.2
OF THE AGREEMENT
KYRGYZ REPUBLIC
The present document reproduces the text1 of the Law on Trademarks, Service Marks and
Appellations of Places of Origin of Goods, of 14 January 1998, as notified by the Kyrgyz Republicunder Article 63.2 of the Agreement (see document IP/N/1/KGZ/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
RÉPUBLIQUE KIRGHIZE
Le présent document contient le texte
1 de la Loi du 14 janvier 1998 sur les marques de
fabrique et de commerce, les marques de service et les appellations d'origine, notifiée par la
République kirghize au titre de l'article 63:2 de l'Accord (voir le document IP/N/I/KGZ/1).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2
DEL ARTÍCULO 63 DEL ACUERDO
REPÚBLICA KIRGUISA
En el presente documento se reproduce el texto
1 de la Ley sobre las marcas de fábrica o de
comercio, las marcas de servicios y las denominaciones de origen, de 14 de enero de 1998, que la
República Kirguisa ha notificado en virtud del párrafo 2 del artículo 63 del Acuerdo (véase el
documento IP/N/1/KGZ/1).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/KGZ/I/2
Page 2
Bishkek
January 14, 1998 # 7
The Law of the Kyrgyz Republic
"On Trademarks, Service Marks and Appella tions of Places of Origin of Goods"
Section I. General Provisions
Section II. Trademark and service mark
Section III. Registration of a trademarkSection IV. Collective markSection V. Use of a trademarkSection VI. Transfer of a trademarkSection VII. Termination of a legal protectionSection VIII. Appellation of a place of originSection IX. Registration and granting of the right to use appellation of origin
Section X. The use of the appellation of originSection XI. Termination of a legal protection of the appellation of the place of origin
Section XII. Final provisions
The present Law shall regulate legal, economic and organiza tional relationships
arising in the Kyrgyz Republic in connection with the registration, legal protection and the
use of trademarks, service marks and appellations of places of origin of goods.
Section I. GENERAL PROVISIONS
Article 1.  The State Intellectual Property Agency under the Government of the
Kyrgyz Republic
The State Intellectual Property Agency unde r the Government of the Kyrgyz Republic
(hereinafter - Kyrgyzpatent) shall, in complia nce with this Law, conduct the common state
policy in the field of protection of trademarks, service marks and of appellations of places oforigin of goods in the Kyrgyz Republic, accept  for examination applications for registration
of trademarks and service marks, as well as applications for regist ration and obtaining the
right to use appellation of place of origin of  goods, conduct examination procedure, provide
their State registration, issue ce rtificates, publish official data , issue rules and clarifications
on the use of this Law and perform other functi ons related to trademarks, service marks and
appellations of places of origin of goods pursuant to Regulation on that approved by the
Government of the Kyrgyz Republic.
In order to improve the activity of Kyrgyz patent in the field of providing legal
protection of trademarks, service marks and appe llations of places of origin of goods, Appeal
Council is being established unde r Kyrgyzpatent which is the initial obligated body to review
disputes arising on aforementioned objects due  to its competence. Appeal Council shall
scrutinize appeals pursuant to the order established by Kyrgyzpatent.
The sources of funding the activities of Ky rgyzpatent shall be means of republican
budget, patent fees as well as payment for se rvices and materials pr ovided by Kyrgyzpatent
and other non-budget sources.IP/N/1/KGZ/I/2
Page 3
Section II.  TRADEMARK AND SERVICE MARK
Article 2.  Trademark and Service Mark
A trademark and service mark (hereinafter referred to as trademark) shall be
designations that can distinguish goods and se rvices of some legal entities or natural persons
from the similar goods or services (hereinafter re ferred to as goods) of the other legal entities
or  natural persons.
A certificate of registration shall be issued for a registered trademark. A certificate
shall certify the priority of a trademark, exclusive right of the owner of a trademark withrespect to the goods specified in the certificate.
A trademark may be expressed in the form of:1) words and word combinations;
2) depiction, figures and symbols;3) letters, numbers and their combinations;4) three-dimensional forms;5)  combination of the all enumerated forms;
6)  or any other visual designations or a combination of these designations.
A trademark may be registered in any color or combination of colors.The nature of goods to which a trademark is applied, should not be an obstacle for
registration of a trademark .
The present Law shall not be applicable to holographic marks except visually
different holographic marks and marks that are not comprised of visual designation, to sound
and olfactory marks in particular.
Article 3.  Legal Protection of a Trad emark. Exclusive Right to a Trademark
Legal protection of a trademark in the Kyrg yz Republic shall be granted on the basis
of the State registration thereof in the orde r established by this Law or by virtue of
international agreements of the Kyrgyz Republic.
A trademark may be registered on the name of a legal entity as well as natural person
conducting entrepreneurship activity.
The owner of a trademark shall have the exclusive right to use or dispose a trademark,
as well as prohibit its exploitation by other pe rsons. No person shall have the right to use a
trademark in the Kyrgyz Republic w ithout the permission of its owner.IP/N/1/KGZ/I/2
Page 4
Infringement of the right of a trademark owner shall be recognized unauthorized
manufacture, use, import, offer for sale, sale or other introduction in to an economic turnover
or storage of a trademark with the same pur pose or goods marked with that trademark or
designation similar to it to the extent likely to  cause confusion with respect to similar goods.
Article 4.   Absolute Grounds for Refusal in Registration
No registration shall be allowed for the trademarks which consist only of
designations:
1) that cannot be distinguished;
2) represent state coats of  arms, banners or emblems;
3)  official names of countries , emblems, abbreviated or full names of international
organizations, official, contro l, guarantee and assay marks, seals, awards and other
marks of distinction or those similar to them to the extent likely to cause confusion.Such designations may be included in a tr ademark as non-protected elements, if there
is a consent of an appropriate competent body or the owner;4) come into general use as design ations of goods of a certain kind;
5) generally accepted terms and symbols fo r the goods regarding to which terms and
symbols are suggested to be used as marks;6) pointing to the appearance, quality, qua ntity, properties, purpose, value of products
as well as to the place and time of their manufacture or sale.
Designations indicated in subparagraphs 2, 4, 5, 6 of the first paragraph of this Article
may be included into a trademark as unprotect ed elements if they have no dominating
position in it.
The following designations shall not be a llowed to be registered as trademarks or
elements thereof:
1) the ones which are false or misleading fo r the consumer with respect to the good or
its manufacturer;
2) the ones contradicting pub lic interests, principles  of humanity and morals.
Article 5.   Other Grounds for Refusal in Registration
The following designations which are identical or similar to the extent likely to cause
confusion can not be regi stered as trademarks:
1)  trademarks earlier registered or filed for registration in the Kyrgyz Republic on
the name of another person with respect to  the similar goods which have an earlier
priority;
2)  other persons’ trademarks prot ected without registration by  virtue of international
agreements of the Kyrgyz Republic;
 IP/N/1/KGZ/I/2
Page 5
3)  trademarks well-known in the territory of the Kyrgyz Republic. The well-known
criterion for a trademark are established by  the Government of the Kyrgyz Republic.
 Shall not be registered as trademarks  the following designations which reproduce:
1)  trade names (or a part thereof) and names of selective achievements, known in the
territory of the Kyrgyz Republic and owne d by other persons who obtained the right
for these names before the receipt of an application for a trademark;
2)  appellation of places of origin of goods;
3) names of works of science, literature and art or fragments thereof known in the
Kyrgyz Republic, without consent of the ow ner copyright  or his legal successors;
4)  names, surnames, pseudonyms and derivativ es thereof, portraits and facsimiles of
famous persons without the consent of these persons, their heirs, in the event if such
designations are the property of history a nd culture of the Kyrgyz Republic - without
permission  of the Governme nt of the Kyrgyz Republic;
5) industrial designs, rights to which be long to the other persons in the Kyrgyz
Republic, if an industria l design has the earliest priority  as compared to an application
for the registration of a trademark.
Section III.  REGISTRATION OF A TRADEMARK
Article 6.   Application for th e Registration of a Trademark
Application for the registration of a trademark (hereinafter referred to as application)
shall be submitted by natural or legal entity, providing an entrepreneurship activity(hereinafter referred to as applicant ) to Kyrgyzpatent.
The application may be filed through a patent agent registered at Kyrgyzpatent or
other representative.
Foreign legal entitles or physical persons permanently resident outside the bounds of
the Kyrgyz Republic, or their patent agents\attorneys, shall carry out procedures related to theregistration of a trademarks through the pa tent agents registered at Kyrgyzpatent.
Authority of a patent agent or other re presentative shall be proved by a power of
attorney provided by a person on whose name  the trademark certificate is sought.
Kyrgyzpatent shall determine the order of a ttestation and registra tion of patent agents
and realize it.IP/N/1/KGZ/I/2
Page 6
The application must be re lated to one trademark only.
The application shall include:1) application for the registration of a desi gnation as a trademark with the indication
of an applicant and also of his place of residence or place of destination;
2) the designation cla imed and its description;
3)  the list of goods and services for which registration of a trademark is being
requested,  which are broken down accordin g to the classes of the International
Classification of Goods and Services for the Registration of Marks .
Application shall be filed in th e Kyrgyz or Russian language.
The following documents shall be enclosed with the application:1) the document confirming payment of the fee in the established amount;2) the charter of a collective mark if the application is filed for a collective mark.3) the copy of certificate of the state registration as a legal entity or private
entrepreneur or the document of the same  power certified in an appropriate way.
The date of submission of an application is  considered the date of receipt of the
documents by Kyrgyzpatent, as stipulated by part\item seven of the present Article.
The documents attached to the application shall be filed in the Kyrgyz or Russian
language.
Kyrgyzpatent shall establish the requi rements to the application documents.
Article 7.  Priority of a Trademark
The priority of a trademark shall be established on the date of filing of an application
with Kyrgyzpatent which meets the re quirements of Article  6 of this Law.
The priority of a trademark may be established on the date of filing of the first
application in a country-member of the Paris Convention on Protection of Industrial Property
(convention priority) if the app lication has been filed with Ky rgyzpatent within six months
from the set date.
The priority of a trademark placed on exhibits at official or officially recognized
international exhibitions organize d in the territory of one of the country-member of the Paris
Convention on Protection of Indus trial Property may be establis hed on the date of the open
display of the exhibit at the exhibition (exhibit priority), if the application for a trademark hasbeen received by Kyrgyzpatent within six months from the established date.IP/N/1/KGZ/I/2
Page 7
The applicant wishing to exploit the right to the convention priority or exhibition
priority, must indicate this while filing the application for a trademark or within two monthsfrom the date of the receipt of the applica tion by Kyrgyzpatent and attach the required
documents proving the legality of such a cla im, or present these documents not later than
three months as of the date of receip t of the application by Kyrgyzpatent.
The priority of a trademark may be established on the date of the international
registration of a trademark in compliance with the international agreements of the KyrgyzRepublic.
Article 8.  Examination of th e Application for a Trademark
Examination of an applica tion shall be conducted by Ky rgyzpatent and shall include
preliminary examination and examination of the claimed designation.
Within two months as of the date of f iling the application, the applicant shall be
entitled, at his own initiative, to add, clarify or correct the materials without additional
payment.
In the event if additional materials c ontain indication for goods which are not
included into the application on the date of its submission or significantly change claimeddesignation, they are not accepted for examination.
The application may be revoked at the request  of an applicant at any moment during
the examination procedure, but not later than th e date of registration of a trademark at the
State Register of Trademarks of the Kyrgyz Republic.
Article 9.  Preliminary Examination
Preliminary examination of an application shall be conduct ed after two months as of
date of submission of the application to Ky rgyzpatent. During preliminary examination, the
composition of the required documents, provided fo r by Article 6 of this Law, the correctness
of the form of documents, payment of the fee shall be examined and the priority shall beestablished.
The applicant may request in writing for the commencement of the preliminary
examination before expiration of the term of two months, from the date of filing the requestthe applicant shall lose his/her right provide d by paragraph 2 of Article 8 of this Law.
In the course of the preliminary examination the request may be sent to an applicant
to provide additional necessary materials, the answer must be provided within 2 months. Atthe request\petition of the applicant and on the basis of reasonable grounds and payment of an
appropriate fee, Kyrgyzpatent may allow th e extension of this term to six months.
In the event an applicant violated the established term or did not answer the request,
the application should  be considered revoked.IP/N/1/KGZ/I/2
Page 8
Based on the results of the preliminary ex amination, Kyrgyzpatent make a decision
whether to accept an application for examination or refuse to register a trademark.Notification on the decision made sh all be sent to the applicant.
Article 10.  Examination of  the Claimed Designation
Examination of the claimed designation shall be  conducted after te rmination of the
preliminary examination within the term of 12 months, starting from the date when theapplication was accepted for c onsideration, and establishes wh ether the applied trademark is
identical or similar to the trademarks for goods of  the same class with an earlier priority, and
whether this trademark complies with the requirements of Articles 6 and 7 of this Law.
According to the results of the examination, the decision on registration of the
trademark or refusal in registration shall be made.
At any stage of examination Kyrgyzpatent  has a right to require an applicant to
present additional materials without which it is impossi ble to conduct examination.
Additional materials on the request of the examination must be presented within two
months from the date of receipt the request . At the request of an Applicant and under
reasonable grounds and payment of an appropriate  fee before expiration term of two months,
the term of answering the request may be extended, but not more than for six months.
In the event an applicant violated the established term or left the request of the
examination unanswered, the app lication is considered revoked.
During the examination the preliminary decision to refuse to register the trademark
may be made.
The applicant may present an answer for the preliminary decision within two months
from the date of the receipt of preliminary d ecision. Upon  the request of an applicant this
term may be extended under condition that the re quest is received before expiration of this
term. The term of providing the answer for preliminary decision shall be extended for notmore than six months.
In the applicant violated the established term or left the preliminary decision without
an answer, the decision to refuse in the re gistration of the trad emark shall be made.
Article 11.  Appeal of the De cision on Application and Restoration of the Elapsed
Terms
Should the applicant not agree with the decision of the preliminary examination or
with the decision of the examination of the claimed designation he has the right within threemonths from the date of receipt of the decisi on, file an appeal with  the Appellate Council of
Kyrgyzpatent (hereinafter referred to as the Appellate Council). Th e Appellate Council must
consider the appeal within four months after the date of receipt of the appeal.IP/N/1/KGZ/I/2
Page 9
The decision of the Appellate Council may be appeal to court by the applicant within
six months as of the date of its receipt.
The applicant shall be entitled to familiarize  with the documents indicated in the
decision of examination.
The applicant may request copies of such  documents during one month after receipt
of the decision of examination.
Kyrgyzpatent may restore the terms, provide d by paragraph 3 of Article 9, paragraph
4 of  Article 10, and paragraphs1 and 4 of this Article at the a pplicant’s request, filed no later
than two months after the expiration, provided that valid reasons and payment of fee have
been confirmed.
Article 12.  Registrati on of a Trademark
Kyrgyzpatent shall register trademarks in the State Register of Trademarks of the
Kyrgyz Republic (hereinafter referred to as the Register) within one month after the date ofreceipt of the document attesting the payment of the established fee on the basis of thedecision on registration of a trademark.
The fee shall be paid within two months as of the date of receipt of the decision by the
applicant on registration of the trademark or within three months as of the date of terminationof the established two months term unde r the condition of payment additional fee
Kyrgyzpatent shall determine the order and the list of information entering the
Register.
Article 13.  Publication of Information on Registration
The information that relates to the registration of a trademark and is entered in the
Register shall be published by Kyrgyzpatent in the Official Bulletin within six months afterthe date of registration of the trademark in the Register or after the date of entering thechanges on
the registration of a trademark in the Register.
Article 14.  Issuance of a Ce rtificate for a Trademark
The certificate for a trademark shall be issued by the Kyrgyzpatent after three months
from the date of publication of the trademark in the Official Bulletin.
The form of the certificate and composition of the data to be indicated therein shall be
determined by Kyrgyzpatent.IP/N/1/KGZ/I/2
Page 10
Article 15.  The Effective Term of a Trademark
The trademark shall be valid for ten years from the date of submission of the
application to Kyrgyzpatent.
The effective term may be extended at the applicant's request filed during the last year
of its validity, each time for another ten years provided that the fee has been paid. Theapplicant may be given at his request a six- month term after expiration of the term of
registration, provided that a suppl ementary fee has been paid.
Record of extension of the term of va lidity of a trademark shall be entered by
Kyrgyzpatent to the Register and to the certificate of a trademark.
Article 16.  Introduction of Changes to the Registration
The owner of a trademark shall notify Kyrgyzpatent about the changes to be
introduced: name of the trademark owner, surn ame, first name or patronymic, reduction of
the list of goods in respect of which the tradem ark is registered, changes of certain elements
of the trademark that do not alter its essence a nd other changes related to the registration of a
trademark.
If there is a necessity of supplementing the list of goods with respect to which the
trademark is registered, the registrati on of the new application is required.
The changes shall be entered to the Register and to the Certificate of a trademark
provided that a fee is paid.
Article 17.  Registration of a Tr ademark in the Foreign Countries
Legal entities and natural pers ons of the Kyrgyz Republic shall be entitled to register
a trademark in foreign countries or car ry out its international registration.
The application for international registration of a trademark shall be submitted
through Kyrgyzpatent.
Section IV.  COLLECTIVE MARK
Article 18.   Rights to a Collective Mark
Legal entities, representing unions, economic associations, concerns and other unions
of legal entities (hereinafter referred to as the associations) may file applications for thecollective mark meant for designation of goods  produced and released by them, that possess
unified qualitative or other common features.IP/N/1/KGZ/I/2
Page 11
An application for a collective mark shall be accompanied with two copies of the
Charter of the collective mark which includes the information on the name, location of theassociation, the list of legal en tities which have the right to use the trademark, the purpose of
its registration, the list and common qualitative or  other general characteristics of the goods
which will be denoted by the collective mark, the terms of its use, the order of monitoring itsuse and the responsibility for violation of the Charter of a collective mark.
Article 19.   Registrati on of a Collective Mark
The registration of a collective mark shall be carried out in accordance with Article 12
of this Law. In addition to this, the Register and the certificate of a trademark shall be addedwith the information on legal entities which have the right to use the collective mark,reference to the Charter and its date. These data shall be published in the Official Bulletin ofKyrgyzpatent. The owner of a collective mark shall notify Kyrgyzpatent about the changes in
the Charter of the collective mark.
If the collective mark is used on the goods, which do not possess common qualitative
or other common characteristics, the validity of its registration may be terminated before thedue time in full or in part on the basis of the ruling made by court, accepted on the applicationfrom any person.
Section V.  USE OF A TRADEMARK
Article 20.  Use of a Trademark and Consequences of Failure to Use It
A trademark shall be deemed to be used if it is used on the goods for which the
trademark has been registered and\or on their packing by the owner of the trademark, or theperson to whom this right was granted by virtue of the licensing agreement in accordancewith Article 23 of this Law.
 A trademark may be also deemed as being used if it is used in advertisements, printed
matters, official forms, signboards, during dem onstration of displays at the exhibitions and
fairs
1. held in the Kyrgyz Republic, if there are valid reasons for non use of the trademark on the
goods and/or on their packing.
Legal entities and natural persons who are engaged in intermediary activities may use
their own trademark along with the trademark of the manufacturer of the goods and also
instead of the trademark of the latter on the basis of the agreement.IP/N/1/KGZ/I/2
Page 12
Validity of the registration of a trademark may be terminated in full or in part before
the due time on the basis of court decision issued at the request of any person in connectionwith non use of a trademark during for any three years from the date of registration or during
three years preceding the filing of such statement.
Upon the decision of the question on prematur e termination of the registration of a
trademark due to its non use, evidences presente d by the owner of a trademark may be taken
into consideration to the effect that the trademark was not used due to the circumstancesbeyond his control, including limits establis hed by the state for the goods for which
trademark is registered.
Article 21.  Warning Marks
The owner of a trademark may use a warning mark by the side of the trademark to the
effect that the used designation is a trademark registered in the Kyrgyz Republic.
Section VI.  TRANSFER OF A TRADEMARK
Article 22.  Concessi on of a Trademark
The owner of a trademark may assign it to a legal entity or physical person on the
basis of the agreement both with the appropriat e manufacture or part of it or without it with
respect to all or some of the goods for which it is registered.
Concession of a trademark on the agreement shall not be allowed, if it may cause
confusion to the consumer in respect of the product, its quality or its manufacturer.
Collective trademarks cannot be  assigned to other persons.
Article 23. Granting of  the License for the Use of a Trademark
The right to use a trademark may be granted by the owner of a trademark (licenser) to
another person (licensee) on the basis of a licen sing agreement, in relation to one, several, or
all products, for which the mark was registered.
The licensing agreement shall include a provision on the fact that the quality of the
2. licensee's goods will not be of the worse quality compared to those of the licenser, and that
the licenser will exercise control over execution of this provision.
Collective trademarks shall not be subject to the licensing agreement.IP/N/1/KGZ/I/2
Page 13
Article 24.  Registration of  the Agreement on Assign ment of a Trademark and
Licensing Agreement
The agreement on assignment of a trademark and the licensing agreement shall be
registered at Kyrgyzpatent and shall become effective as of the date of registration. They
shall be considered invalid without such registration.
Kyrgyzpatent shall not register the agreement, if it does not comply with the
requirements of Articles 22 and 23 of this Law.
The established fee shall be paid for registration of the agreement.
Section VII.  TERMINATION OF LEGAL PROTECTION
 Article 25.   Invalidation of th e Registration of a Trademark
Registration of a trademark may be considered invalid in full or partially during the
whole period of its validity if it has been conducted in violation of the requirements
established in Articles 3 and 4 of the present Law, or during five years from the date of
publication of the information on registration of a trademark in the Official Bulletin based on
the grounds established by Article 6 of the Law.
Any person may file an appeal with the Appellate Council agains t registration of a
trademark within the period stated in paragr aph 1 of this Article. The appeal against
registration of a trademark must be examined dur ing four months from the date of its receipt.
The decision of the Appellate Council may be appeal in court by an applicant within
six months as of the date of its receipt.
Article 26.  Cancellation of th e Registration of a Trademark
Registration of a trademark sha ll be canceled by Kyrgyzpatent:
1) in connection with termination of the term of its validity as provided by Article 15
of this Law;2)  on the basis of court decision on premature termination of its validity due to the
use of a collective mark on goods not  possessing common qualitative or other
common
characteristics, according to para graph 2 of Article 19 of this Law;
3) on the basis of the decision of court on premature termination of its validity due to
the failure to use the trade mark pursuant to  the paragraph 4 of Article 20 of this Law;
4) if it has been considered invalid according to the Article 25 of this Law;5) in case of liquidation of a legal entity or termination of entrepreneurship activity ofa natural person - the owner of a trademark without any successor;IP/N/1/KGZ/I/2
Page 14
6) on the basis of the court decision in the event of transformation of a trademark into
a designation that has come into a genera l use as designation of goods of a certain
kind;7) in the case of refusal by the owner of a trademark.
Section VIII.   APPELLATION OF  PLACE OF ORIGIN OF GOODS
Article 27.   Appellation of Place of Origin of Goods
Appellation of place of origin of goods is the name of the count ry, settlement, location
or other geographic area (hereinafter referred to as geographic object) used to denote a good,
special properties of which are exclusively or  mainly determined by natural conditions or
human factors of that geographical place or  by natural conditions and human factors
simultaneously.
The appellation of place of origin of goods may be a historical name of a geographic
object.
No designation shall be recognized as th e appellation of a place of origin of goods,
though representing by itself or containing the name of geographic object but come into
general use in the Kyrgyz Republic as a design ation of goods of a certain kind not related to
the place of its manufacture.
Article 28.   Arising of Legal Protection
Legal protection of an appellation of place of  origin of goods in the Kyrgyz Republic
shall arise on the basis of registration according to the order established by the present Law orby virtue of international agr eements of the Kyrgyz Republic.
Appellation of place of origin of g oods shall be protected by the Law.
Appellation of place of origin of goods may be registered by one or several legal
entities or physical persons. The person registered  the appellation of place of origin of goods
shall obtain the right to use it if the good manuf actured by this person meets the requirements
set forth in paragraph 1, Article 27 of this Law.
The right to use the same appellation of plac e  of origin of goods registered in the
established order may be granted to any legal entity or physical person located in the samegeographical place manufacturing th e good with the same properties.
The registration of appellation of place of origin of goods sha ll be valid for unlimited
time.IP/N/1/KGZ/I/2
Page 15
Section IX.  REGISTRATION AND GRANTING OF THE RIGHT TO USE
APPELLATION OF PLACE OF ORIGIN OF GOODS
Article 29.  Application for the Registra tion and Granting  the Right to Use
Appellation of Place  of Origin of Goods
  Applicant(s) shall file an application for registration and for granting the right to use
an appellation of place of origin of goods or  an application for the right to use already
registered appellation of place of origin of goods  (hereinafter referred to as an application)
with Kyrgyzpatent independently or through a patent agent, registered at Kyrgyzpatent.
The application shall be re lated to one appella tion of place of origin of goods.
The application shall include:
• application for the registration and for granting the right to use appellation of place of
origin of goods or granting the right to us e already registered appellation of place of
origin of goods with the indication of the applicant (applicants) and also his (their)
location or residence;
• the designation applied for;
• the kind of a good for designation of which registration and the right to use an
appellation of place of origin of goods or  the right to use an already registered
appellation of place of origin of goods is sought, with the indication of the place of
manufacture (bounds of the geographic place);
• description of special properties of the product.
 
 Application shall be  filed in Kyrgyz or Russian language.
 
 The following documents shall be attached to the application:
 
• statement of a competent body to the effect that the applicant is located in the
indicated geographic object and manufactu res a good special properties of which
are determined by natural conditions or human factors natural for that geographic
object or by human factors or natural conditions simultaneously;
• for a foreign applicant: a document proving  his right to the claimed appellation of
place of origin in the country of origin of goods;
• a document certifying payment of fee in the established amount.
 
 The documents enclosed to the application shall be filed in Kyrgyz or Russian
language.
 
 If the documents have been submitted in the other language, the application shall
include translation into Kyrgyz or Russian language.
 
 Requirements to the documents of the application  shall be established by
Kyrgyzpatent.
 IP/N/1/KGZ/I/2
Page 16
 Article 30. Examination of the Application
 
 Kyrgyzpatent shall carry out examination of the application, including preliminary
examination and examination of the claimed designation.
 
 The applicant shall be entitled to introduce additions, clarifications, and amendments
into application that do not change the substanc e of an application within two months as of
the date of file of the applic ation without additional payment.  If additional materials change
the substance of the application, these materi als shall not be accepted for examination and
may be filed by the applicant as an independent application.
 
 During the examination Kyrgyzpatent shall have the right to request the Applicant to
file additional documents without which examination procedure is not possible.
 
 The required materials must be submitted within two months as of the date of receipt
of the request. At the applicant’s written request, due to valid reasons and payment ofestablished fee, Kyrgyzpatent may allow the extension of this term for six months. If theapplicant breaks the indicated te rm or leaves the request of th e examination without reply, the
application shall be deemed withdrawn.
 
 After expiration of two months as of filing of an application with Kyrgyzpatent, a
preliminary expertise of an a pplication shall be conducted. In the course of preliminary
examination, the composition of the necessary documents, correctness of the form, payment
of the fee stipulated by Article 29 of this Law, shall be examined.
 
 The Applicant may request in writing the commencement of preliminary examination
before expiration of two months as of the date of filing the request the applicant shall lose theright provided by paragr aph 2 of this Article.
 
 On the results of the preliminary examination the applicant shall be notified that the
application is accepted for examination or that the application is denied.
 
 Once the application is accepted for consid eration, an examination of the claimed
designation shall be conduc ted within 12 months as of the da te of receipt of the application
for examination for compliance with the requirements, established by Article 27 of this Law.
 
 Kyrgyzpatent shall make a decision on th e registration of appellation of place of
origin of goods and granting the right to use it by him, or  refusal in registration ofappellation of place of
 
  
origin of goods based upon the results of examination.
  
The applicant may withdraw the application at any stage of its consideration.IP/N/1/KGZ/I/2
Page 17
 Article 31. The Appeal agains t the Decision on Applic ation and Reinstatement of
the Elapsed Terms
 
 Should the applicant not agree with the d ecision of preliminary examination or the
decision of the examination of the claimed desi gnation, he has the right to file an objection
with the Appellate Counc il within three months from the date  of receipt of the decision. The
objection must be examined by the Appellate  Council during four months from the date of
receipt thereof.
 
 The decision of the Appellate Council may be  appealed to court by the applicant
within six months as of the date of the receipt thereof.
 
 The terms provided by paragra ph 4 of Article 30 of this Law and paragraph 1 of this
Article elapsed by the applicant may be reinstated by Kyrgyzpatent at the applicant’s requestfiled not later than two months from expirati on thereof upon the proof of valid reasons and
payment of the fee.
 
 Article 32.  Registration of Appellation of Place of Origin of Goods and Granting
of the Certificate for the Right to Use A ppellation of Place of Origin of Goods.
Publication of the information on registratio n and granting the right to use appellation
of place of origin of goods
 
 On the basis of the decision of examinati on for registration the appellation of place of
origin of goods and granting the right to use them under the condition of payment theestablished fee Kyrgyzpatent shall register a ppellations of place of origin of goods in the
State Register of appellations of place of orig in of goods of the Kyrgyz Republic (hereinafter
referred to as the Register).
 
 Kyrgyzpatent shall determine the order and list of information entering the Register.
  
The fee shall be paid within two months as of the date the applicant receives the
decision of examination on the registration of appellation of place origin of goods or withinthree months from the date of expiration th e established term of two months under the
condition of payment additional fee.
 
 The information related to the registration and granting the right to use appellation of
place of origin of goods entered the Register , shall be published by Kyrgyzpatent in the
Official Bulletin within three months as of the date of its entering the Register.
 
 Kyrgyzpatent shall issue the certificate af ter expiration of three months and after
 
  
publication in the Official Bulletin.
  
Kyrgyzpatent shall establish the form of certificate and composition of the data,
indicated in it.
 IP/N/1/KGZ/I/2
Page 18
 Article 33.  The Term of Validity of the Certificate for the Right to Use
Appellation of Place of Origin of Goods
 
 The certificate shall be valid for ten years from the date of filing an application with
Kyrgyzpatent.
 
 The period of validity of the certificate may be extended at the request of the owner of
certificate and under the condition of submissi on of a statement from a competent body
attesting the fact that the owner of a certificate is situated in a given geographic place andmanufactures the good possessing prope rties indicated in the certificate.
 
 The application shall be filed during the last year of validity of the certificate.
  
The term of validity of the certificate shall be extended each time for ten years.
  
At the request of the owner of a certificate, in order to extend the valid term of the
certificate, he\she may be provided with the si x months term after ex piration of the term of
validity of the certificate under cond ition of payment of additional fee.
 
 Kyrgyzpatent shall introduce the record on extension of the term of validity of the
certificate in the Register and the certificate.
 
 Article 34.  Introduction of  the Amendments to the Re gister and the Certificate
 
 The owner of the certificate shall inform Ky rgyzpatent about the changes of his name,
surname or patronymic name, as well as other changes related to the registration and granting
the right to use the appellation of place of origin of goods. 
 
 The record of the change shall be entere d to the Register and the certificate under
condition that the fee has been paid.
 
 Article 35.  Registration of the Appella tion of Place of Origin of Goods in
Foreign Countries
 
 Legal entities and natural pers ons of the Kyrgyz Republic  shall have the right to
register appellation of place of origin of goods in foreign countries.
 
 The application for registration the appellation of place of origin of goods in foreign
 
  
countries shall be filed after its registration and obtaining the right to use that appellation of
place of origin of goods in the Kyrgyz Republic.
 IP/N/1/KGZ/I/2
Page 19
 Section X. THE USE OF APPELLATION OF PLACE OF ORIGIN OF GOODS
 
 Article 36.  The Use of Appellation  of Place of Origin of Goods
 
 The use of appellation of place of origin of goods shall be deemed to be its use on the
good, packing, advertisements, prospectuses, forms, and other documents related to the
introduction of a good into an economic turnover.
 
 The persons who do not have the certificate shall not be allowed to use the registered
appellation of place of origin of goods, and also use a similar appellation for identical goods
which can mislead consumers with respect to the place of origin and special properties of thegood.
 
 The owner of certificate shall not have the right to grant licenses for the use of
appellation of place of origin  of goods to other persons.
 
 Article 37.  Warning Marks
 
 The owner of certificate may place a warning mark by the side of the appellation of
place of origin of goods which indicates that the designation used is the appellation of place
of origin of goods registered in the Kyrgyz Republic.
 
 
 Section XI.  TERMINATION OF LEGAL PROTECTION OF APPELLATION
OF PLACE OF ORIGIN OF GOODS
 
 Article 38.  Invalidation of th e Registration of Appellati on of Place of Origin of
Goods and the Certificate for the Right to Us e Appellation of Place of Origin of Goods
 
 Registration of the appellation of  place of origin of goods may be invalidated if it has
been conducted in violation of th e requirements provided by this Law.
 
 The validity of appellation of place of origin of goods may be terminated in
connection with disappearance of the conditions  characteristic to a given geographic place
and impossibility to manufacture the good with  the properties indicated in the Register.
 
 The validity of appellation of pl ace of origin of goods in the name of a foreign legal
entity or physical person except for the pointed grounds, shall be also terminated due to the
loss of the right to that appellation of place of or igin of goods in the country of origin of the
good.
 
  
A certificate for the right to use appellation of place of origin of goods may be invalidated if
it was granted in violation of the requirements provided by this Law.
 IP/N/1/KGZ/I/2
Page 20
 The validity of certificate may be terminated:
 
• due to the loss of special properties of the good specified in the Register in respect
of this appellation of place of origin of goods;
• in case of cancellation of the registrati on of appellation of place of origin of
goods;
• in case of liquidation of a legal entity or termination of entrepreneurship activity
of a natural person - the owner of the certificate without any successor;
• on the basis of an application submitted by the owner of the certificate to
Kyrgyzpatent.
Any person may, on the grounds set forth in paragraph 1-4 of th is Article, file a
protest against the registration of the appellati on of place of origin of goods and against
granting of the certificate for the right to use the appellation of place of origin of goods with
the Appellate Council. The prot est shall be examined during four months from the date of
receipt thereof. The person who filed a protest and the owner of the certificate shall have theright to participate in the examination of the protest.
The decision of the Appellate Council may be  appealed in court by the applicant
within six months as of the date of receipt thereof.
Section XII. FINAL PROVISIONS
Article 39.  Fees
In order to conduct legally e ssential action related to the registration of a trademark,
registration and granting of the right to use th e appellation of place of origin of goods, the
fees shall be levied. The fees shall be paid to Kyrgyzpatent
The list actions, for which the fees are co llected, the amounts and terms of payment as
well as the basis for release from payment of fees, reduction of their amounts and repayment
shall be established by the Gove rnment of the Kyrgyz Republic.
The fees shall be paid to Kyrgyzpatent by an applicant, the owner of a trademark and
a certificate for the right to use appellation of pl ace of origin of goods or by any other legal
entities or natural persons due to the agreement with them.
All the means received on the account of Kyrg yzpatent in the form of fees, including
currency, payment for services and materials shall be used by Kyrgyzpatent for technicalprovision, creation and use of automated syst em, replenishment of the fund of patent
information, training and stimulation of the personnel.IP/N/1/KGZ/I/2
Page 21
Article 40.  Consideration of  Disputes Related to Implementation of this Law
Disputes related to the application of this Law shall be considered by courts in the
order established by legislation of the Kyrg yz Republic, including disputes which concern:
1)  infringement of the exclusive right to a trademark;
2) conclusion and implementa tion of the licensing agreement and the agreement on
assignment of a trademark;3)   illegal use of the appellation of place of origin of goods;
4)   non-use of a trademark and appellation of pl ace of origin of goods pursuant to the
Article 20 of this Law.
The Appellate Council shall exa mine disputes related to its jurisdiction in accordance
with this Law.
Article 41.  Liability for Illegal Use of a Trademark and Appellation of Place of
Origin of Goods
The use of a trademark and appellation of pl ace of origin of goods or designation
similar to a trademark or appellation of pla ce of origin of goods for the similar goods
conflicting with the present Law shall entail civil, administrative or criminal liability inaccordance with the legislation of the Kyrgyz Republic.
Protection of the civil rights from illegal use of a trademark shall, along with the
demand to discontinue infringement or recove r the losses caused, shall be also provided by
means of:
• publication of the court’s decision for the purpose of restoring business reputation
of the victim;
• removal of illegally used trademark or a designation similar to it to the extent
likely to cause confusion from the product or its packing, or destruction of the
prepared depiction of a trademark or designation similar to it to the extent likely tocause confusion;
• arrest or destruction of the goods in  relation to which a trademark was used
illegally.
 
 The person producing the warning mark in respect of a trademark or appellation of
place of origin of goods not registered in the Kyrgyz Republic shall be liable according to the
order stipulated by the legisl ation of the Kyrgyz Republic.
 
 The person illegally using the registered appellation of place of origin of goods or a
designation similar to it, on the demand of the owner of the certificate for the right to use theappellation of place of origin of goods, public  organization, state body or the prosecutor,
must:IP/N/1/KGZ/I/2
Page 22
 
• discontinue the use thereof, reimburse the losses caused to all the persons
concerned and pay to the income of th e local budget the amount of the profit
obtained during illegal use of the appellation of place of origin of goods exceeding
the losses reimbursed;
 
• publish the decision of the court for the purpose of restoration of the business
reputation of the victim;
 
• remove the illegally used appellation of pl ace of origin of goods or designation
similar to it to the extent likely to cause confusion from the product or its packing
or destroy the prepared depiction of appe llation of place of origin of goods or a
designation similar to it  to the extent likely to cause confusion.
Removal of the trademark and the appellation of the place of origin of goods from the
goods or their packing, arrest or destru ction of the goods that contain illegally used
trademarks shall be carried out with the observa tion of the right of the owner of such a good
to protect his/her rights in the order established by the Law.
Article 42.   The Rights of Foreign Legal Entiti es and Natural Persons
Foreign legal entities and natural persons shall enjoy the rights provided by this Law
and other normative legal acts related to the le gal protection of trademarks and appellations
of place of origin of goods, equally to le gal entities and natural persons of the Kyrgyz
Republic or on the ba sis of reciprocity.
Article 43.   International Agreements
If an international agreement concluded by   he Kyrgyz Republic  establishes other
rules than those contained in this Law, the rules of the international agreement shall beapplied.
Article 44. Enforcement of the Present Law
Implement the Law of the Kyrgyz Republic on trademarks, service marks and
appellation of place of origin of goods  from the moment of its publication.
The President of the Kyrgyz Republic A. Akaev
Adopted by the Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic   December 16, 1997
__________