BELARUS

• Kinds of Trademarks registrable in BELARUS

  • Following indications may be used as Trademarks in Belarus:

    1. Verbal Designations (Word marks)
    2. Proper Names, Personal Names
    3. Numbers
    4. Logo marks (Devices)
    5. Word marks in combination with letters and numbers
    6. Label marks with pictures, images, symbols and drawings
    7. Figurative marks
    8. Slogans
    9. Digital marks
    10. 3-D signs
    11. Form of goods
    12. Packaging of goodsCombination of all of the above

    Types of Marks registrable:

    • Collective marks
    • Certification marks
    • Marks for non-commercial purposes
    • Service marks
    • Well Known marks
• Requisites for a Trademark to be registrable in BELARUS

  • Trademarks must contain the following essential requirements to be registrable in Belarus:

    • Distinctiveness
    • Non-descriptive of the goods and / or services
    • Not be a well known term in the line of business, trade channels of the applicant
    • Not be same / similar / identical either visually and / or phonetically to prior registered / pending marks.
• Kinds of Trademarks not registrable in BELARUS

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Belarus:

    1. Trademarks consisting exclusively of signs or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, value or geographical origin of the goods or services.
    2. Trademarks that indicate time of production of the goods or of rendering the services or other characteristics of the goods or services.
    3. Trademarks consisting exclusively of signs or indications customary to current language or in the established practices of the trade to designate the goods or services.
    4. Trademarks or signs contrary to law, public order, morality.
    5. Marks liable to deceive the public as to the nature, quality, geographic indication of goods or services.
    6. Trademarks containing or being similar to signs, seals, emblems, flags, maps and / or official insignia of national and international organisations and associations.
    7. Trademarks containing or bearing resemblance to another person or personal name or company name, logo, legal title, portrait, picture, protected copyright, photograph
    8. Proposed Trademark being identical or similar to an earlier registered mark including well known marks
    9. Trademarks having a likelihood of confusion including a likelihood of association with an earlier registered trademark.

    TrademarkCopia through its associate Law Firms and Lawyers in Belarus is at hand to help you with trademark registration and prosecution.

• Trademark Search in BELARUS

  • It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Trademarks Office of Belarus.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Belarus.

• Trademark Filing in BELARUS

  • Filing is done with the Trademark office of Belarus.

    Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA)
    6. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)

    TRADEMARKCOPIA.COM Attorneys will assist you with:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in BELARUS

  • Once the application is filed, a Preliminary (formality) examination regarding compliance of all the requisites is carried out along with a search for prior existing trademarks and substantial examination.

    If the application is found to be in compliance with all the requisites, it proceeds for registration.

• Trademark Publication & Opposition in BELARUS

  • Belarus does not seem to have formal procedures for lodgement of oppositions.  However, letters of protest may be filed with the IP office during the process of registration.  Also, opposition regarding prior registered trademarks are allowed to be lodged within 5 yrs. From the date of registration of that mark.

    Post registration, the trademark is published in the official Gazette for Industrial Property of the Republic of Belarus.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Belarus can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in BELARUS

  • Once the trademark is accepted for registration, the Registrar of trademarks will enter the details of the trademark onto the trademark register and the applicant will be issued with a certificate of registration.

    Trademark registration in Belarus is valid for 10 years from the date of filing after which it can be frequently renewed for another 10 years.

    Rights of Trademark Owners:Trademarks may be:

    1.  Exclusively used by the owners of the registered trademarks.
    2. Transferred in whole or in part- Inherited
    3. Assigned and licensed.
    4. Mortgaged and creditors may seize such trademarks belonging to their debtors.
    5. Licensed to natural or legal persons
    6.  Prevented from unauthorized usage by third parties
    7. The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in BELARUS

  • Prior to Filing: usage of the mark prior to filing is important to acquire distinctiveness for generic and descriptive marks through continuous usage of the marks in commerce.

    Post Filing: Failure to use the mark post registration for 3 yrs. continuously could lead to premature termination of the mark.

• Trademark Cost of Registration in BELARUS

  • Please write mail for the cost of registration of trademark in Belarus to the mail address given below:

    contact@trademarkcopia.com