Trademark Oppositions in Kyrgyzstan

Cancellations in national trademark registration procedure in Kyrgyzstan

A trademark is any sign that can be represented graphically and capable of distinguishing goods or services.

After filing the trademark application, there is an examination step in which the examiners from the Patent and Trademark Office checks the proposed description of goods and/or services associated with the given mark and decides whether it can be registered or not.

Please note that, in Kyrgyzstan, trademark oppositions are not available.

The alternatives that an opponent can use are the cancellation, revocation or invalidation. The cancellation or any equivalent procedure should be based on relative and absolute grounds, on non-use, conflicting copyright or design rights; rights under Art. 6 bis of the Paris Convention or notorious or well-known mark;  rights under Art. 6 septies of the Paris Convention; rights in a registered company name (local or foreign), rights under Art. 8 of the Paris Convention; rights under Art. 6 ter of the Paris Convention (Prohibitions concerning State Emblems, Official Hallmarks and Emblems of Intergovernmental Organizations); offenses against public policy or principles of morality; if the mark contains the surname, first name, pseudonym or a derivative thereof, the portrait or facsimile of a person known in Kyrgyzstan without the consent of this person or his successor in title or the government.

A cancellation action on the basis of prior rights in an identical or similar trademark or on the basis of a well-known trademark should be filed within five years from the publication’s date and in case of other grounds it must be brought before the expiration of the whole period of validity of the mark.

In case of non-use ground, the term for commencing a trademark cancellation is after three years of non-use.

If you are facing oppositions in national trademark registration procedure in Kyrgyzstan, please contact us at office@trademark-oppositions.com.