The mark for goods and services registered in the territory of Kyrgyzstan or protectable under Madrid Agreement on international registration of trademarks, as well as a non-registered trademark, which has acquired a general notoriety among the relevant circles of people as a result of its active use can be recognized as a well-known trademark.

A well-known trademark is protected not only regarding the products and services in connection with which it gained its well-knownness, but also in regard of all goods and services.

The authorized agency for acknowledgement of the trademark as well-known is the Board of Appeal of Kyrgyzspatent.

The regulatory act under which the mark is recognized as well-known is the “Provision on the well-known trademarks in Kyrgyzstan” and the Law of Kyrgyzstan “On trademarks, service marks and geographical indications”.

The mark can be recognized as a well-known mark under the court decision as well.

Application for recognition of the trademark as well-known

The basis for recognition of the trademark as well-known is the Application filed by an interested natural or juridical person. The Application is examined within 4 month from its filing date.

The basis for recognition of the trademark as well-known is also an Appeal filed by the interested party with the Board of Appeal.

The official fee for filing the Application is USD 500.

The recognition of the trademark as well-known from the date, which is earlier that the application filing date is impossible.

Evidences certifying the well-knownness of the trademark

Evidences certifying the well-knownness of the trademark are the document confirming:

  • Intensive use
  • the extent of well-knownness
  • duration and geographical scope of the use of the trademark in the world
  • any kind of actions on the promotion of the trademark, including advertising, exhibitions of good, for which the trademark is applied
  • the costs for advertising of the trademark (annual financial report);
  • any registrations or applications for registration, indicating the use or recognition of the trademark
  • successful exercise of rights to the trademark in other contracting parties of Paris convention
  • the value of the trademark;
  • survey of corresponding circles of customers, which can really be the consumers of the goods, for which the trademark is applied
  • the results of marketing surveys, demonstrating the share of the company on the market
  • the recognition of the trademark as well-known in other countries
  • the value of a trademark as an intangible asset
  • other evidences that can be significant for recognition of the trademark as well-known


The opinions (statements) of the inspection body on the production quality, distribution organizations, organizations and agencies for customers’ rights protection, declarations, quality certificates and other documents can serve as a prove of the long-term, continuous, intensive and large-scale use of the trademark.

Customer survey

The documents confirming the well-knownness of the trademark shall be based on the results of the customer survey, which must be held by a specialized independent organization on order of the interested party. The results of customer survey has to be recorded as a report, containing following information:

  • the image of the questioned trademark
  • time and place of the survey
  • number and categories of respondents

The organization that conducted a survey shall bear responsibility for the accuracy of the data indicated in the report.

Decision on recognition of the trademark as well-known, decision to refuse recognition of the trademark as well-known

Upon review of the application the Board of Appeal decides to recognize the trademark as well known, or issues a decision to refuse such recognition.

The decision of the Board of Appeal can be appealed in the Court within 6 month from the date of its receipt.

In case of insufficiency of submitted evidences the Board of Appeal issues a decision on refusal to satisfy the appeal and to recognize the trademark as well-known.

Termination of the legal protection of the well-known trademarks

Upon the petition of the interested party or initiative from the owner of a well-known trademark, if sufficient evidences are available, the Board of Appeal can issue a decision on the lapse of the legal protection of a well-known trademark.

Recordal in the State Register of well-known trademarks in Kyrgyzstan

Information about the trademark, recognized as well-known, shall be recorded in the State register of well-known trademarks in Kyrgyzstan.

After the issue of the decision of the Board of Appeal about the recognition of the trademark as well-known and its recordal in the Register, the Kyrgyzspatent shall, within a month, issue a Certificate and publish the information on a trademark in the official bulletin.