TM Protection in Kyrgyzstan

There are various ways in which one can protect a TM in Kyrgyzstan. Some of the most popular ones include:

• requesting for TM protection in Kyrgyzstan via the national filing system;
• requesting for TM protection by filing applications under the Madrid System.

TM protection is granted for ten years, following which TM owners must apply for TM registration in Kyrgyzstan again.

Initiating TM Litigation in Kyrgyzstan

Violating TM rights entails civil & criminal liability. There’s no specialized courts or other tribunals dealing exclusively with the settlement of TM disputes in Kyrgyzstan.

IP cases are tried by one adjudicator. If you decide to initiate TM proceedings in the Kyrgyz Republic, you should keep in mind that they are normally held as oral hearings. A trial usually lasts about a month, provided that no expert examination is required. All parties are allowed to participate in the proceedings.

Those considering filing a TM infringement lawsuit in Kyrgyzstan should keep in mind that unauthorized use of a TM in Kyrgyzstan entails criminal liability.

Remedies

TM owners have the right to seek remedies against alleged TM infringements. Licensees can only seek remedies if they’re provided for in a license agreement. Both TM owners &  licensees have the right to file a claim. The main remedies include:

• compensation for losses incurred as a result of a violation;
• termination of a violation;
• seizure & destruction of counterfeit goods;
• publication of a court decision to restore the business reputation of a TM owner.

Foreign TM Owners

TM protection can be obtained by registering with local customs authorities. Please note that customs authorities are responsible for registering IP objects in Kyrgyzstan (and TMs) & maintaining the Customs Register. Registration of a TM in Kyrgyzstan in the Customs Register is provided for 24 months & can be extended for another 24 months.

Legal Costs

Those seeking to initiate legal proceedings in the Kyrgyz Republic should keep in mind that it may cost them $5000 and more (including the cost of appealing a decision).

Appealing a Decision

Appealing decisions of 1st instance courts is done by filing an appeal with courts of 2nd  instance & submitting a cassation complaint to the Supreme Court.

Kyrgyzstan: Resolving TM Disputes Out of Court

Two ADR methods methods are available:

• termination letters;
• out-of-court settlement

However they’re rarely used.