Trademarks in Belarus

TRADEMARKS FILING AND PROSECUTION BELARUS

A trademark is a sign that is registered to distinguish a product or service in commerce. There are other types of signs used in trade that can also be registered with the Belarus IP Office, such as logos, designations of origin, geographical indications, collective marks and certification or guarantee marks.

In order to legally protect a trademark or other sign used in commerce, it is necessary to register it with the Belarus IP Office. In Belarus, trademark protection is granted according to the provisions of Law of the Republic of Belarus N° 2181-XII of February 5, 1993, on Trademarks and Service Marks (as amended up to Law No. 211-Z of May 7, 2007), Belarus.   

Trademark in Belarus may be designated by the following symbols:

• ® (for a registered trademark)
• ™ (for an unregistered trademark)

A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standards categories, such as those based on colour, smell, or sound.

A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services.

The owner of the registered trademark may initiate legal proceedings for trademark infringement to prevent unauthorized use of that trademark, and can license it to the third parties, sell it in return of sum, use it raise equity for business undertakings.

Trademark searches in Belarus

Under the “First to File” principle, if any other applicants file applications for the identical or similar trademark used for identical or similar goods and services after the first applicant has applied, those later applications will be refused.

Therefore, it is advisable to conduct a trademark search prior to filing a trademark application to ascertain the availability of trademarks, existence of prior identical/similar marks on the register etc., so as to avoid any objection and opposition with respect to the mark.

A trademark search in Belarus can be conducted for word mark, numbers, images, etc. It is advisable to conduct comprehensive trademark clearance search in Belarus to ascertain availability of the proposed mark and also to overcome any objection and opposition with respect to mark later on.

Along with trademark search, it is also advisable to do a comprehensive company search and domain search of the proposed trademark in Belarus.  

Filing trademark applications in Belarus

A person may file multi-class or single class trademark application in Belarus.

 Trademark application can be filed in the following categories:

• Ordinary Applications
• Convention application (claiming priority from a convention country)

Ordinary application in Belarus

Ordinary trademark applications filed in Belarus are applications without claiming any priority. Multi class trademark applications may also be filed in Belarus. However, the trademarks act also lays down provisions regarding the filing of priority applications, wherein priority of the mark can be claimed in the said mark filed in a convention country.      

Priority trademark applications in Belarus /Convention trademark applications Belarus:

A priority trademark application may be filed in Belarus. A priority trademark application should be filed in Belarus within 6 months after the date on which the application was made in the convention country.  

Paris convention

The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, established a Union for the protection of industrial property. It offers national treatment to the applicant residing in the member country of the union, in other words. National treatment is a very important concept and is essential for successfully achieving the fundamental aim of the Paris Convention. The idea is to provide equal treatment to applications from member countries, in a given member country and not to differentiate between the nationals of member countries for the purpose of grant, and protection of industrial property. Priority application can be filed in Belarus within six months after the date on which the application was made in the Convention Countries.

Trademark classes for goods and services

Belarus follows the nice classification of classes. Intellectual property office of Belarus uses the nice classification of classes that groups together similar goods or services into 45 different classes. Classes 1 to 34 are assigned for the goods and classes 35 to 45 are assigned for the services. Each class contains well defined list of terms and cover all the goods and services.

Trademark Examination in Belarus

Once the application for the registration is submitted it goes through the examination process which consists of examination on the basis of Absolute and relative grounds of refusal. 

Article 4. The Absolute Reasons for Refusal in Registration

1. Registration of the following trade marks shall not be allowed:

1.1. not having attributes of distinction;

1.2. entered in the general use as a designation of the goods of the certain kind;

1.3. being the standard symbols and terms;

1.4. consisting exclusively from marks or indications used for a designation of a kind, quality, quantity, property, purpose, value of the goods, and also a place and time of their manufacture or selling;

1.5. representing the form of the goods or its packing, determined exclusively or mainly by essence or a nature of the goods, necessity of achievement of the technical result, essential value of the goods.

2. The designations specified in point 1 of present can be included in a trade mark as unprotected elements if they do not occupy in it a leading position.

3. The positions stipulated by point 1 of present article can not be applied concerning designations which for date of submission of application for registration of a trade mark have actually got distinctive character as a result of use.

4. Registration of the trade marks consisting only from designations, representing the state emblems, flags and emblems, official names of the states, flags, emblems and reduced or full names of the international intergovernmental organizations, official control, guarantee and hall-marks, awards and other distinctions or similar to them up to a degree of mixture shall not be allowed. Such designations can be included as unprotected elements in a trade mark if on it there is a consent of the appropriate competent body or their owner.

5. Registration of the following designations as trade marks shall not be allowed:

5.1. being false or capable to lead into error the consumer concerning the goods, places of its origin or its manufacturer;

5.2. representing or containing the indication of a place of an origin of vines or strong alcoholic drinks protected by virtue of the international treaties of the Republic of Belarus, for designation of vines or strong alcoholic drinks which are not occurring from the given place;

5.3. contradicting to the public order, principles of humanity and morals.

Article 5. Other Reasons for Refusal in Registration

1. Shall not be registered as trade marks the designations identical or similar up to their mixture with:

1.1. registered or declared on registration in the Republic of Belarus addressed to other person and trade marks having earlier priority concerning the uniform goods;

1.2. trade marks of other persons protected in the Republic of Belarus on the basis of the international treaties, concerning the uniform goods;

1.3. the trade marks of other persons recognized well-known in the Republic of Belarus in the order established by the patent body, concerning any goods.

2. Registration of the designation, similar up to a degree of mixture with a trade mark specified in point 1 of present article, shall be allowed under condition of representation of the written approval of the owner of such mark.

3. Shall not be registered as trade marks the designations reproducing:

3.1. known in the territory of the Republic of Belarus company names (or their parts), belonging to other persons and concerning the uniform goods;

3.2. industrial designs, rights on which in the Republic of Belarus belong to other persons if the industrial design has earlier priority in comparison with the trade marks declared on registration;

3.3. names of places of an origin of the goods, protected in the Republic of Belarus;

3.4. names of well-known in the Republic of Belarus works of science, literature and art, citations or characters from them, works of art or their fragments without a consent of copywriters) or his (their) successors.

3.4-1. names of registered in the Republic of Belarus mass media without a permission of their founders in relation to similar goods;

3.5. surnames, names, pseudonyms and derivatives from them, portraits and the facsimile of known in the Republic of Belarus persons  without the consent of such persons or their successors;

3.6. excluded.

4. A well-knowns of the objects mentioned in sub-points 3.1, 3.4, 3.4-1, 3.5 of the point 3 of the present article is determined by patent body on the date of priority applied for registration as the trade mark.

Trademark Opposition in Belarus

There is no procedure for official consideration of oppositions throughout the process of application and registration. Informal observations, in the form of a letter of protest, may be submitted to the Trade Marks Registry/Office throughout the process.

Trademark registration in Belarus

After the examination, opposition process is completed and the mark is accepted for registration, the mark will be registered for a period of 10 years from date of application, and the registration certificate is issued.

Trademark Renewal in Belarus

You can renew