Recognition of well-known trademarks in Kyrgyzstan

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

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 well-known trademarks in Kyrgyzstan” and the “Law of Kyrgyzstan On trademarks, service marks and geographical indications”.

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

Application for the recognition of a trademark as well-known

The basis for recognition of a trademark as well-known is an Application filed by an interested individual or juridical person.

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

Evidences certifying the well-knownness of a trademark

These include documents which can confirm:

• Intensive use.
• The extent of well-knownness of the mark.
• The duration and geographical scope of the use of the trademark globally.
• Promotion activities of the trademark, including advertising and exhibitions of goods and services, 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 of the trademark in other contracting parties of the Paris convention.
• The value of the trademark.
• Survey reports of corresponding circles of customers, actual consumers of the goods and services for which the trademark is applied.
• Results of marketing surveys demonstrating the share of the company on the market.
• Recognition of the trademark as well-known in other countries.
• The value of the trademark as an intangible asset.
• Other evidences which might be significant in the 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 proof 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 acting on the orders of the interested party. The results of the customer survey has to be recorded as a report, containing following information:

• The image of the trademark in question.
• Time and place of the survey.
• Number and categories of respondents.

The organization which will conduct the 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 six (6) months 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 an 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 on the trademark which has been 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 on 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 in the official bulletin.