Trademark application Kyrgyzstan

Kyrgyzstan’s intellectual‑property system is built around the Law of the Kyrgyz Republic “On Trademarks, Service Marks and Appellations of Places of Origin of Goods” (the Trademark Law). A trademark is defined as any verbal, visual or three‑dimensional designation that clearly distinguishes the goods or services of one producer from those of others; a mark may be registered in any colour or combination of colours. The law provides that legal protection arises upon state registration or via international treaties, and a registered trademark gives its owner exclusive rights to use, licence or prohibit the use of confusingly similar signs. Foreign applicants must act through a registered Kyrgyz patent attorney; only one mark may be filed per application, and the list of goods/services must follow the Nice Classification. The state authority responsible for trademark examination and registration is Kyrgyzpatent, which also handles appeals and issues official certificates.

File trademark application in Kyrgyzstan

Prepare and submit application in 2 minutes

How to file a trademark application online in Kyrgyzstan

South Africa’s trade‑mark office accepts both manual and electronic filings. The CIPC IP Online platform allows applicants to register as a customer, deposit funds and lodge trade‑mark applications online. The steps generally involve:

  1. Customer registration and funding – Register a customer code on the CIPC e‑services portal and deposit the official fee (R590 per class) into your account.
  2. Search for conflicting marks – Perform a free e‑search on the CIPC trade‑mark register to check availability. Although not mandatory, a search helps identify potential obstacles.
  3. Prepare the application – Provide the applicant’s name, nationality, address, a South African address for service and a clear representation of the mark. CIPC emphasises that the address for service must always be within the Republic of South Africa. Foreign applicants therefore need to appoint a local agent or attorney to receive correspondence.
  4. Class selection – Determine the relevant class of goods or services and note that only one class per application is permitted. CIPC warns that goods or services from different classes may not be included in one application; if they are, the application will be returned and separate applications will be required.
  5. File the application – Submit Form TM1 electronically or by post. The application is dated and allocated an official number when CIPC receives the fee and the form meets formal requirements.
  6. Provide a power of attorney and priority documents – If the applicant is not filing personally, a power of attorney authorising the local agent must be lodged. Priority documents (if claiming Convention priority) must be filed within three months of the filing date.
Advantages of trademark registration with Pocket IP
24/7 Availability: The Pocket IP trademark application system is accessible at any time, allowing users to file the trademarks and check the current statuses without being limited by office hours.
Free access to docketing service: Pocket IP offers not just an application system, but a docketing service to keep all the trademark data and documents in one place.
Cost-effectiveness: Using Pocket IP to reduce costs is a more cost-effective option to file applications.
Real-Time Status Updates: Applicants can track the status of their trademark applications in real time, receiving updates and any required activities or correspondence from the trademark office.

Trademark registration process in Kyrgyzstan

Filing the application
Filing the application
New trademark application
Preparation of the application: Any natural or legal person may apply for registration of a trademark or service mark. The application must contain a representation of the mark, the applicant’s details, a list of goods and/or services classified according to the Nice Classification, and documents confirming payment of the filing fee. Applicants may claim conventional priority based on an earlier foreign filing or exhibition priority if the mark was displayed at an official exhibition, provided the Kyrgyz application is filed within six months.
Preliminary examination
Preliminary examination
Check of formal requirements
After filing, Kyrgyzpatent conducts a preliminary examination within one month. This step verifies whether all required documents are provided and whether the fee has been paid. If materials are missing or incomplete, the office issues a request for additional information; the applicant must respond within two months, which may be extended up to six months for a fee. Failure to respond results in the application being deemed withdrawn.
Substantive examination
Substantive examination
Check of formal requirements
The substantive examination assesses whether the mark meets the requirements of Articles 2, 4 and 5 of the Trademark Law. Kyrgyzpatent examines absolute grounds for refusal, such as non‑distinctive or descriptive signs, state emblems, generic terms, deceptive indications or signs contrary to morality, and relative grounds concerning earlier trademarks, firm names or well‑known marks. The examination must be completed within 12 months from the filing date, although applicants may request accelerated examination by paying an additional fee (100 units). If the examiner issues a preliminary refusal, the applicant has two months to submit arguments or amendments, with the possibility of extension up to 12 months. If the application is accepted, Kyrgyzpatent issues a decision to register the mark.
Decision and appeal
Decision and appeal
6 months opposition period
If applicants disagree with a preliminary or final refusal, they may file an appeal to the Appellate Council within three months of receiving the decision. The Council must consider the appeal within four months and its decision may be challenged in court within six months. Appeals are subject to official fees, ranging from 200 to 400 units depending on the type of decision appealed.
Registration and publication
Registration and publication
Issuing of registration certificate
Once the decision to register is issued, the applicant must pay a registration fee (150 units). The mark is then recorded in the State Register of Trademarks within one month. Information about the registration is published in the official bulletin, and a paper certificate is issued three months after publication. Failure to pay the registration fee within two months leads to a 50 % surcharge, and no registration is issued if payment is not made within five months.

Use requirement and cancellation

A trademark must be used in Kyrgyzstan. Under Article 20 of the Trademark Law, a mark is considered used when it is affixed to goods or packaging, used in advertising or business documents, or displayed at exhibitions. Any interested person may petition to cancel a registration if the mark has not been used for any three‑year period following registration or during the three years preceding a cancellation claim. An action for cancellation based on relative grounds (conflict with earlier rights) must be filed within five years from publication, whereas cancellations based on absolute grounds (non‑distinctiveness, contrariness to public order, etc.) may be lodged at any time. The Appellate Council hears cancellation actions and its decisions may be appealed to court.

Opposition period

Kyrgyzstan’s Trademark Law does not provide a formal opposition procedure akin to systems in which third parties can oppose an application before registration. Instead, interested parties may file an appeal or cancellation action after the mark is registered. According to practice, parties typically have three months after publication to file an objection with Kyrgyzpatent (as noted by legal practitioners), but the law allows appeals throughout the registration term for absolute grounds and within five years for relative grounds. Foreign applicants therefore should monitor publications and be prepared to defend their marks.

Accelerated registration

The Regulation on Fees allows applicants to request accelerated (anticipatory) examination by paying an additional 100 units. Legal practitioners report that this can reduce the registration timeframe from the normal 12 – 15 months to around six months. The request must be filed simultaneously with the application or within three months of receiving the notification that the application has been accepted for examination.

Looking for more countries to file an application?

FAQ

Yes. A trademark application in Kyrgyzstan may cover multiple classes of goods or services. Only one mark can be filed per application, but there is no limit on the number of goods/services within a class. Additional class fees apply during substantive examination.

Collective marks can be renewed in the same way as individual marks. However, if the mark is used on goods that do not have the common characteristics specified in the collective mark charter, the registration may be terminated early. Owners should ensure compliance with the collective mark charter when renewing.

No. Foreign individuals or companies must act through a registered Kyrgyz patent attorney. A power of attorney is required; it does not need to be notarised but must authorise the attorney to represent the applicant before Kyrgyzpatent.

Yes. Applicants may request accelerated examination by paying an additional 100 units. This expedites the substantive examination, enabling applicants to obtain a decision in roughly six months instead of the usual 12-15 months.

Proof of use is not required for renewal, but non‑use can lead to cancellation. Any person may petition the court to terminate a registration if the mark is not used for any three‑year period. Owners should therefore use the mark continuously and keep records of use.

Yes. Kyrgyzstan is party to the Madrid Protocol. If your mark is protected via an international registration designating Kyrgyzstan, you can renew it directly with WIPO every ten years. Renewal of an international registration does not automatically renew a national Kyrgyz registration and vice versa.

To register a trademark:

  1. Prepare the application with a representation of the mark, list of goods/services (Nice Classification), applicant details and power of attorney (for foreign applicants). Pay the filing fee (50 units).
  2. File the application with Kyrgyzpatent. The office conducts a preliminary examination within one month.
  3. Respond to any requests for additional information; pay the examination fee (150 units plus 75 for each extra class).
  4. Undergo substantive examination. If a provisional refusal is issued, submit arguments within two months.
  5. Pay the registration fee (150 units) and obtain the registration certificate.
  6. Renew the mark every ten years by paying the renewal fee (300 units).

The statutory examination periods are one month for the preliminary examination and twelve months for the substantive examination. Including time for publication and issuance of the certificate, a straightforward application usually takes 12 – 15 months to complete. By requesting accelerated examination and paying the additional fee, the timeline can be shortened to approximately six months.

Yes. After registration and publication, Kyrgyzpatent issues a certificate confirming the trademark rights. The certificate is typically issued in paper form three months after publication. Duplicate certificates can be obtained upon payment of a fee.

A trademark registration in Kyrgyzstan is valid for ten years from the filing date. It can be renewed indefinitely for successive ten‑year periods as long as renewal fees are paid on time.

Kyrgyzstan follows the International Classification of Goods and Services (Nice Classification) for trademark applications. Applicants must list goods and services according to this classification. Multi‑class applications are permitted; an additional fee is charged for each class beyond the first during substantive examination.

Under the Trademark Law, any verbal, visual or three‑dimensional designation (including words, names, logos, symbols or combinations thereof) that clearly distinguishes the goods or services of one entity from those of another can be registered. Marks may be in any colour or combination of colours. The law does not apply to sound or olfactory marks, and such signs cannot currently be registered.

After submission, certain amendments can be made to the application, such as correcting minor errors or narrowing the scope of goods or services covered. However, substantial changes to the mark are generally not permitted.

Division of an application and the transfer of trademark rights to another person are also possible in Poland.

Have a question?

Drop your email, and our team will contact you shortly

Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.