Law No. 70 “On trademarks, service marks, geographical indications and appellations of origin of goods.”

A trademark and service mark are a designation that distinguishes, respectively, the goods and services of some legal entities or natural persons from similar goods or services of other legal entities or individuals. Registration as trademarks or their design elements shall be prohibited in the following cases: (a) false or capable of misleading the consumer regarding the product, its place of origin or its manufacturer; (b) representing or containing an indication of the place of origin of wines or spirits protected by international treaties that have entered into force in accordance with the legislation of the Kyrgyz Republic, if such designations are intended for wines or spirits not originating from the specified places, as well as formally indicating the true place of production of the goods, but giving the erroneous impression that the goods originate from another territory; and (c) contrary to public interests, principles of humanity and morality. Trademark registration is valid for ten years, counting from the date of filing the application with the authorized state body. Legal protection for a well-known trademark is granted or terminated on the basis of a decision of the Appeal Council made upon the application of the right holder and the payment of a fee. The use of a trademark is considered to be its use for the individualization of goods, works or services in respect of which the trademark is registered, including by placing the trademark: (a) on goods, labels, packaging of goods that are produced, offered for sale, sold, displayed at exhibitions and fairs, or otherwise introduced into civil circulation on the national territory, or stored or transported for this purpose, or imported into the national territory; (b) when performing work or providing services; (c) on documentation related to the introduction of goods into civil circulation; (d) in offers to sell goods, perform work, provide services, as well as in announcements, on signs and in advertising; (e) on the Internet, including in a domain name and other addressing methods; and (f) when performing other actions to dispose of exclusive rights to a trademark. A geographical indication that is granted legal protection is a designation that identifies a product as originating in the territory of a country or from a region or locality within that territory where a certain quality, reputation and other characteristics of the product are significantly attributable to its geographical origin. At least one of the stages of production of a product must take place on the territory of a given geographical object, which has a significant impact on the formation of the characteristics of the product. A certificate of the right to use a geographical indication or appellation of origin of a product is valid for ten years from the date of filing an application for registration of a geographical indication or an application for registration of an appellation of origin of a product to the authorized state body.