Trademark Opposition Procedure in Belarus
There is no formal Opposition procedure in Belarus i.e. trademarks are not published for opposition by third parties. However, any interested party can file a letter of observation raising objection against registration of a trademark during the period of Examination. The concerned authority is National Center of Intellectual Property (NCIP).
Overview of the objection procedure:
- Filing the Letter of Observation: While the trademark application is pending to be examined by NCIP, any interested party can file a Letter of Observation informing the grounds and reasons against registration of a trademark. Therefore, there is no deadline to file a letter of observation. However, in light of the current timelines, a letter of observation can be filed within six (6) months from the date of application.
- Counter Statement / Evidence: Since there is no opposition procedure, a letter of observation is not informed to the applicant and hence the applicant is not required to file any counter statement. Rather, the Examinermay take into consideration the letter of observations and issue an Office Action to the applicant. The applicant would be then required to respond to the Office Action within three (3) months from the notification date, which is extendable by a period of twelve (12) months.
- Hearing and Decision: There is no provision of inter party hearing. Once the response is submitted by the applicant, the NCIP will analyse the matter and accept or reject the application and issue a decision accordingly. This decision or any other notification regarding this procedure is not issued to the party filing the letter of observations.
- Appeal: Within a period of three (3) months from receiving the decision, an applicant can file an appeal with the Patent Authority of NCIP.
For more information on trademark opposition in Armenia, please write to us at foreign.opp@ssrana.com