Trademark oppositions in Kyrgyzstan are governed under Articles 14 and 15 of Law No. 70 of March 24, 2023, on Trademarks, Service Marks and Appellations of Origin of Goods. The concerned authority is State Agency of Intellectual Property and Innovation (SAIPI).
Filing Notice of Opposition – Any interested party may file an opposition against a published mark within a period of 3 months from the date of its publication. The Opposition must be in writing containing submissions about non-compliance of the mark with Articles 9 and 10 that lay down absolute and other grounds of objection.
Opposition is considered along with examination of the application. After the examination of application and opposition, a preliminary refusal is issued to the applicant.
- Filing of Response – The applicant has the right to submit his arguments and response to the preliminary refusal within a period of 3 months from the date of notification of preliminary refusal. This deadline is extendable upto a period of 12 months. If no response is filed, the SAIPI will issue a final decision refusing the application.
- Decision & Order – After reviewing the arguments and evidences submitted by opponent or both the parties, the SAIPI shall issue a decision which will be sent to all the interested parties.
Appeal to Decision of the Opposition
The applicant may file an appeal with the Appeals Board within three (3) months of the date of decision which is further appealable in a Court of Law within three (3) months of date of decision of appeal.
For more information on trademark opposition in Kyrgyzstan, please write to us at foreign.opp@ssrana.com