Kyrgyzstan

The importation of goods into Kyrgyzstan is regulated by the customs authorities. All imports are subject to mandatory customs control, which includes the verification of documents, the collection of duties and taxes, and the inspection of the imported goods themselves.

Customs control extends to trademarks that have been duly registered in Kyrgyzstan.

An application for the recordal of a trademark in the Customs Register shall contain:

• information on the right holder and the trademark to be included in the Customs Register; the names and addresses of manufacturers, as well as companies authorized or licensed to use the trademark along with the relevant documents; the original place of production of the goods;
• documents confirming the rights to the trademark; a certificate of registration of a trademark issued by the KgPTO; an extract from the registry of the WIPO on international registration of a trademark in Kyrgyzstan along with confirmation from the KgPTO; a deed of assignment (registered with the KgPTO), as well as any other documents the right holder can provide to confirm the rights to the trademark;
• a contract of insurance for the civil liability of the applicant for damages inflicted on a third party (insurance amount shall be at least 10,000 EUR);
• a PoA issued by the right holder, notarized and legalized, if the documents are submitted by a representative;
• a certificate of registration as a VAT payer, issued by the tax authorities;
• a description of the original goods containing the trademark and, if necessary, a sample or photograph, or other data providing a complete understanding of the appearance of the goods containing the trademark;
• information on the applicant’s import of goods containing the trademark for a period of at least 5 years prior to the day of submitting the application to the Customs Register;
• any other information that helps identify counterfeit goods:
  1. the name and address of the importer and/or consignee of suspected counterfeit goods;
  2. a detailed description of the suspected goods, including a sample and/or a photograph;
  3. the country or countries of origin and the enterprise producing the suspected goods;
  4. the place where the allegedly suspected goods will be presented for customs clearance;
  5. the mode of transport or the name of the transporting organization;
• a commitment from the right holder to reimburse losses to customs authorities (if within a prescribed period after the suspension of the suspected goods, the right holder does not provide documentary evidence that they have submitted a lawsuit to the appropriate court for disposition of the detained goods) or to compensate the declarant (if the decision of the court determines that the detained goods are not counterfeit goods).

The maximum term of protection of the rights of the holder by the customs authorities is 2 years.