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Kyrgyzstan

Trademarkes

General information

        • Valid Nice Classification  – NCL 11-2018

        • Procedure 

Registration period –  about 14-17 months from the date of filing. Proof of registration – Certificate Procedures feature – From the date of filing you should regularly monitor trade mark applications to check whether any of them conflict with your trade mark.

Step

Term

Official notification

Filing an application

1 day

Notification with entr. number, Name of applicant, Date and time of filing

Formal examination

4 months from the date of filing fee payment

Notification. If the Rospatent detects any error, they will send Notification with proposition to correct it. 2 months to answer.

Examination of absolute grounds for refusal

About 9-10 months after previous step

Notification. If the application doesn’t meet requirements, they will send Notification – Provisional refusal. 2 months to answer.

Payment of registration, publication fees

2 months after previous step

 Invitation for payment registration and publication fees .

Publication

2-3 months

Certificate and publication

Requirements

1. The Applicant details

Legal Entity

Physical person

The full official name (Engl. translitaration)

The Name (as it is in the passport and/or Engl. transliteration)

 A Legal address

 An address

2. The image of the TM (jpg), The verbal elements, other 3. Goods and services / classes NCL 11-2018 (we‘ll help you to choose the classes for your goods/services) 4. POA (scanned copy without legalization)

Representation by a trademark attorney Foreign applicants must perform the trademark prosecution in Kyrgyzstan through an agent, a registered in Kyrgyzstan trademark attorney.

Priority document The priority document must be submitted within three months from filing a trademark application in Kyrgyzstan.

The official legalization is not required. The signed and stamped (if applicable) POA form must be submitted within two months from notification.

Patent

General information

Invention

        • Procedure

Registration period – about 2-4 years from application filing date.

Proof of registration – Certificate.

Term of validity – 20 years from application filing date.

Patent for invention can be extended for additional 5 years if the object of the patent is the medicinal product, pesticide or agrochemical, when use of the product requires the permission in accordance with the procedure established by law.

What can be protected:  product (device, substance, microorganism strain, plant and animal cell culture, etc.); method (process of affecting material object with material resources), including use of the product or method for the specific purpose (for example, for treating diseases).

Step

Term

Official notification

Deadline

Filing application

1 day

Notification with registration number, name of applicant, date and time of filing.

Deadline of application filing with claiming priority – 12 months from priority date1.

Formal examination

1 month from application filing date

Request to submit corrected or missing documents / Notification of completion of formal examination

Responding to formal examination request – 2 months from date of receipt2.

Substantive examination

30 months from filing of petition to proceed substantive examination

Notification on results of verification of patentability / Request of Substantive examination  Or Decision of grant/refusal.

Filing petition to proceed substantive examination – within 3 years from application filing date1. Responding to Substantive examination request – 2 months from date of receipt2. Responding to Notification on results of verification of patentability – 6 months from date of receipt.

Grant and Publication

within 2 months from grant fees payment

Certificate

Payment of grant and publication fees – 3 months from Grant decision receipt3.

Annuity fees

each year

Not provided

Annuity fees are paid from the third year, counting from application filing date. Annuity fee for each subsequent year is paid during the previous year4.

1 – This term may be extended for 2 months, upon corresponding fee payment.

2 – This term may be extended for 10 months, upon corresponding fee payment.

3 – Grant and publication fees together with correspondent first annuity fees can be paid within 6 months after the deadline, the amount of official fees increases by 50%.

4 – Validity of the patent can be renewed within 3 years after the expiration of the payment period, the amount of official fees increases by 150%.

Utility model

        • Procedure

Registration period – about 12-18 months from application filing date.

Proof of registration – Certificate.

Term of validity – 8 years from application filing date.

What can be protected: device.

Step

Term

Official notification

Deadline

Filing application

1 day

Notification with registration number, name of applicant, date and time of filing.

Deadline of application filing with claiming priority – 12 months from priority date1.

Formal examination

2-3 months from the filing fee payment date

Preliminary conclusion / Decision of grant/refusal.

Responding to formal examination request – 2 months from date of receipt2.

Grant and Publication

About 2 months from grant fees payment

Certificate

Payment of grant and publication fees – 2 months from Grant decision receipt*.

Annuity fees

each year

Invitation to pay annuity fees

Annuity fee payment – during last 4 months of current year of action3.

1—Term may be restored within 2 months, upon corresponding fee payment.

2—Term may be extended for 6 months, upon corresponding fee payment.

3—Validity of the patent can be renewed within 12 months after expiration of payment period, amount of official fees increases by 50%.

Requirements

Invention/utility model

1. The Applicant details

Legal Entity

Physical person

The full official name (Engl. transliteration)

The Name (as it is in the passport and/or Engl. transliteration)

A Legal address

An address

2. The Inventor details

Physical person

The Name (as it is in the passport and/or Engl. transliteration)

An address

2. Number of International publication (PCT procedure) or 3. Application materials: claims, description, abstract, drawings (non-PCT procedure; international application wasn’t published) 4. 5. POA (scanned copy without legalization) 6. Сopy of the priority application (if priority is claimed)

Representation by a invention attorney: Foreign applicants must perform the invention/utility model prosecution in Kyrgyzstan through an agent, a registered in Kyrgyzstan invention/utility model attorney.

POA and Russian translation of the application must be submitted within 2 months from the date of filing.

Priority documents must be submitted within 16 months from the priority filing date.

Power of Attorney simply signed and stamped by the applicant(s), legalization and notarization are not required (may be provided to the Kyrgyz Patent Office within 2 months from filing the application.

Copyright

Literary works; computer programs; musical compositions; works of art and architecture, photographic works and their collection etc. are protected by Copyright. The application may be filed in the name of natural person or legal entity. The procedure of copyright registration usually takes about 3-4 months.
  The general requirements for filing a copyright work are:

  1. Full name(s), address(es) and the date of birth(s) of the author(s);
  2. Full name(s), address(es) of the Right holder(s) (if differs from author);
  3. Title of the copyright work;
  4. Date of the creation of the work;
  5. A copy of the work in a material form printed or presented as computer file (if computer programs – in their initial form)

A simply signed power of attorney is needed.