Trademark registration in Kyrgyzstan

Trademark registration procedures in Kyrgyzstan in the context of expanding their business scope to distinguish their brand from other competitors. Kyrgyzstan is a Central Asian country with a lot of potential for economic development. In terms of natural resources, Kyrgyzstan has abundant mineral resources such as gold, copper, uranium, mercury, antimony, lead, iron, accounting for 30% of the country’s GDP. Kyrgyzstan also has large hydroelectric potential (10% newly exploited), bringing abundant energy resources and attracting investment. Kyrgyzstan is strategically located in Central Asia, connecting major markets such as Russia, China, and Kazakhstan and participating in regional economic organizations such as the Eurasian Economic Union (EAEU) and China’s Belt and Road Initiative (BRI), expanding trade and investment opportunities. The majestic nature of Kyrgyzstan with Lake Issyk-Kul, the Tian-Shan Mountains, and the heritage of the Silk Road attracts visitors, making the tourism industry is developing with high growth potential. The government also encourages foreign investment, improves the business environment, simplifies administrative procedures and a preferential tax rate system for investors. Viet An Law Firm would like to guide customers through the preliminary procedures for trademark registration in Kyrgyzstan through the article below.

Legal basis

• Law No. 7 of the Kyrgyz Republic on Trademarks, Service Marks and Appellations of Origin (amended until Law No. 55 of the Kyrgyz Republic of May 26, 2018)

Definition of “trademark” in Kyrgyzstan

• A trademark is a sign used to distinguish goods of different business entities.
• A service mark is a sign used to distinguish the services of different business entities

Types of trademarks that can be registered in Kyrgyzstan

• Trademarks: Words, phrases, slogans used to identify a brand (e.g. Coca-Cola)
• Visual trademarks (also known as Device trademarks): Logos, symbols, designs used to identify the brand (for example, the Apple logo)
• Combination branding: Combining text and visual elements (e.g. Lacoste logo with crocodile)
• 3D brand: Product shape or packaging (e.g. Toblerone chocolate bar shape)

Conditions for trademark registration in Kyrgyzstan

Differentiation

• Your trademark must be able to distinguish your goods or services from other businesses. This means that the trademark must be sufficiently unique and not generally descriptive of the nature, function or characteristics of the goods/services.
• General terms or descriptive elements will often be rejected. For example, “Good bread” cannot be a trademark for bread.

Legal

An enterprise’s trademark must not violate public order, ethics or violate the existing intellectual property rights of another party. Trademarks must not be offensive, discriminatory or misleading.

Performance ability

• The trademark of the business must be able to express itself graphically. This means that it must be able to be described visually in the application.
• The symbol, logo or design must be clear and distinguishable.

Trademark registration dossier in Kyrgyzstan

Application form: The applicant completes complete information about the trademark (individual or business) including contact information, details about the trademark (name, description, image), and the categories of goods/services according to the Nice Classification to which the trademark applies.

Trademark form: The applicant needs to provide a clear and accurate copy of the trademark the applicant wishes to register (logo, design, etc.). Label samples need to meet the size and format requirements prescribed by the State Agency for Intellectual Property and Creativity.

Power of attorney (if any): If the applicant authorizes a legal representative to process the application, a Power of Attorney for consular legalization should be provided. This document needs to be notarized in accordance with regulations.

Proof of ownership (if applicable): In some cases, the applicant may need to provide proof of ownership in his or her trademark. For example, if the trademark is a collective mark or certification.

Russian translation: If the applicant’s documents are not submitted in Russian, the applicant may need to translate them into Russian and notarize the translation.

Trademark registration fees in Kyrgyzstan

Government Filing Fee: This is the official fee collected by Kyrgyzpatent (State Agency for Intellectual Property and Innovation) to process the applicant’s trademark application. Based on online information, it is estimated at 800 Kyrgyz Som (KGS).

Publication fee: The applicant needs to pay this fee to publish the applicant’s trademark application in the official gazette. This fee can be around 95 KGS.

Number of classes: The cost may increase if the applicant registers a trademark for multiple classes of goods/services in the Nice Classification system. Each additional class after the first 05 classes may incur a small fee (about 10 KGS per class).

How to file for trademark registration in Kyrgyzstan

To file for trademark protection in Kyrgyzstan, you can apply by the following filing methods:

• Direct submission: Customers can come directly to the State Office for Intellectual Property and Innovation at 62 Moskovskaya Street Bishkek 720021 to submit the application and related documents.
• By Post: You can send your application form and all necessary documents via postal service or courier service to the address of the State Office for Intellectual Property and Creativity at 62 Moskovskaya Street Bishkek 720021.
• Submit online via website:

Log in to the website and create an account to apply online http://patent.gov.kg/?page_id=4140 When applying online, you should pay attention to the payment of relevant fees according to the instructions of the State Agency for Intellectual Property and Creativity.

Registration of trademark protection in Kyrgyzstan through the Madrid System

The Madrid system is a convenient and cost-effective solution for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.

Madrid Agreement:

• Kyrgyzstan acceded to the Madrid Accords on 25 December 1991.
• The Madrid Agreement allows trademark owners to register their trademarks in a single member state (“country of origin”) and then extend protection to other member states (“nominating countries”) through a single international application.

Madrid Protocol:

• Kyrgyzstan acceded to the Madrid Protocol on 17 June 2004.
• The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.
• The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.

Trademark registration dossier under the Madrid System

The Madrid Singles include the Madrid Singles of Vietnamese origin and the Madrid Applications with Kyrgyz designations.

For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:

• Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
• 02 MM2 declarations according to the form of the International Office in English or French;
• 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
• 02 MM18 declarations in English (if the application has a US designation);
• Written authorization in Vietnamese (According to the form of Viet An Law Firm);
• Documents of payment of fees for international registration of trademarks of Vietnamese origin;
• Other relevant documents (if necessary).

Application fees through the Madrid System

The fees include:

• Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and
• Additional fees depend on where the claimant wishes to protect his trademark and the number of classes of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

Trademark registration service in Kyrgyzstan of Viet An Law Firm

• Carry out the search and notify customers in writing the results of trademark search in Kyrgyzstan;
• Drafting dossiers and directly submitting and monitoring the status of trademark application filings in Kyrgyzstan on behalf of trademark owners;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Kyrgyzstan;
• Assist in monitoring, representing the resolution of objections and feedback with intellectual property representatives carrying out procedures in Kyrgyzstan.
• Receive dispatches, certificates and hand over to customers (if any).

If you want to apply for trademark registration in Kyrgyzstan, please contact Viet An Law Firm  for the most effective support.