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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 10 months, if no objections or oppositions arise.
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If I register my trademark in Kyrgyzstan, do I have protection in other territories?
The territorial limit of registration is the Kyrgyz Republic.
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Do I need to sign a Power of Attorney?
Yes, a power of attorney is required.
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Are there any benefits from a pre-filing use of the trademark?
Trademark rights are primarily obtained through registration.
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Will there be problems in case I don’t use my trademark after registration?
Attack on the ground of non-use is available.
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What are the types of trademark that can be registered in Kyrgyzstan?
- names
- words
- devices
- colours
- certain three-dimensional shapes
- slogans
- motion
- holograms
- well-known marks
- collective marks
- service marks
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What are the phases of application after a trademark has been filed in Kyrgyzstan?
The order of the application process is as follows:
- Examination of the application based on:
- formalities
- classification
- clarity
- descriptiveness
- distinctiveness
- deceptiveness
- conflict with prior registration
- Registration
- Publication - The filing particulars of an application are not made available to the public.
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What type of trademark is not registrable?
- marks contrary to moral standards or public order
- generic terms
- names, flags or symbols of states, nations, regions or international organizations
- non-distinctive marks
- surnames, forenames, pseudonyms, portraits, and likenesses of known persons without the consent of those persons or their heirs
- geographic location names
- marks belonging to other persons
- names of works of science, literature and art or fragments
- marks comprising industrial designs
- marks that contain the term "Kyrgyzstan" or "Manas" (Kyrgyz epic)
Please contact Marcaria.com for more information.
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Does Kyrgyzstan use the "Nice Classification" system?
Kyrgyzstan uses the Nice Classification System.
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Does the Community Trademark apply for Kyrgyzstan?
Kyrgyzstan does not follow the European Union Trade Mark registration (formerly a Community Trade Mark registration).
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Is there any possibility to claim priority in Kyrgyzstan?
Priority application can be claimed if:
- the applicant's home country is a member of the Paris Convention
- the home application was filed six months earlier than the application in this Kyrgyzstan
- international registrations can be designated in Kyrgyzstan
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What do I need to do to satisfy the use requirement?
A trademark must be used within three years from the registration date.
The amount of use can be minimal but must occur in this jurisdiction.
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Once my trademark has been registered, for how many years will be valid?
The initial term of a registration is 10 years calculated from the application date.
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What will be the renewal date of my trademark?
The first renewal date of a registration is 10 years from the application filing date.
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Is it legal to use my trademark even if it is not yet registered?
It is legal to use an unregistered mark for any goods or services.