Trademark Registration Process and Common Mistakes

In a developing economy, the protection of intellectual property becomes a key element of successful business activity. One of the most important tools of such protection is trademark registration. In Kyrgyzstan, this process is regulated by the Law of the Kyrgyz Republic “On Trademarks, Service Marks, Geographical Indications, and Appellations of Origin of Goods”, and is carried out through Kyrgyzpatent.

This article explains how the trademark registration process works in Kyrgyzstan and highlights the most common mistakes applicants make.

Stages of Trademark Registration in Kyrgyzstan

1. Preliminary Search

Before filing an application, it is recommended to conduct a preliminary search in the national database of registered and pending trademarks in Kyrgyzstan, as well as in the WIPO international database. This helps identify similar or identical marks and reduce the risk of refusal.

The search takes into account absolute and relative grounds for refusal, as defined in Articles 9 and 10 of the Law of the Kyrgyz Republic “On Trademarks, Service Marks, Geographical Indications, and Appellations of Origin of Goods.” Examples of refusal grounds are listed below:

Absolute Grounds for Refusal:

A mark cannot be registered as a trademark if it:

• Lacks distinctiveness;
  
  
• Is descriptive (indicating type, quality, quantity, purpose, price, etc.);
  
  
• Contradicts public interest or moral standards;
  
  
• Contains the name of the Kyrgyz Republic;
  
  
• Consists solely of state symbols (flags, emblems, anthems);
  
  
• Is a generic term;
  
  
• Is likely to mislead consumers (e.g., about origin or characteristics of goods).
  
  

Relative Grounds for Refusal:

Registration is also denied if the trademark:

• Is identical or confusingly similar to already registered marks, earlier-filed applications, well-known trademarks, industrial designs, geographical indications, or appellations of origin;
  
  
• Duplicates the name, pseudonym, or image of a well-known individual, or a famous literary work, character, or cultural object without the rights holder’s consent.
  
  

When conducting a search, it’s important to consider not just visual similarity, but also phonetic and semantic resemblance. Even partial overlap may lead to refusal at the substantive examination stage.

We strongly recommend conducting a professional legal review before submitting an application, especially if your trademark includes non-standard elements or will be used in a competitive market.

2. Preparing and Filing the Application

A trademark application is filed with Kyrgyzpatent. The application must include:

• A completed application form with applicant details;
  
  
• An image or verbal designation of the trademark;
  
  
• A list of goods/services according to the Nice Classification;
  
  
• A receipt confirming payment of the state fee.
  
  

3. Formal Examination

At this stage, all documents are checked for completeness and correct formatting. If no violations are found, the application proceeds to the next stage.

4. Substantive Examination

During the main examination, the trademark is evaluated for compliance with the legislation of the Kyrgyz Republic, potential similarity or identity with existing trademarks, and distinctiveness. Based on the results, a decision is made to register or refuse the trademark.

5. Registration and Certificate Issuance

If approved, the trademark is entered into the State Register, and the applicant is issued a certificate of registration valid for 10 years, with the possibility of renewal.

Common Mistakes in Trademark Registration

1. No Preliminary Search
   
   Applying “blindly” is one of the most common causes of refusal. Even partial similarity with existing trademarks may result in rejection.
   
   
2. Incorrect Classification (Nice Classes)
   
   Misclassification of goods/services may cause the trademark to miss its actual scope of use, limiting legal protection.
   
   
3. Use of Prohibited Elements
   
   The law prohibits including generic or descriptive terms, misleading elements, or protected state/national symbols.
   
   
4. Filing Without Legal Support
   
   Mistakes in documents, descriptions, images, or classification often lead to prolonged correspondence with the examiner—or even outright refusal.
   
   

Trademark registration is not just a formality — it is the foundation of your brand’s legal protection. The process requires attention to detail and legal competence. Working with patent attorneys saves time, reduces risks, and ensures confidence in your brand’s future.

Our team provides full legal support for trademark registration with Kyrgyzpatent — from analysis to obtaining the certificate.

Contact us and protect your brand today!

Alev Karimzhanovna Mamytova

Senior Lawyer, Patent Attorney of LEX Law Firm

Email: [email protected]