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Trademark Registration in Belarus

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Trademark Registration in Belarus

Registration of a trademark for entrepreneurs and organizations in Belarus

In the Republic of Belarus, any individual and legal entity is entitled to register a symbol as a trademark: graphic image, verbal, digital color combinations, volumetric elements, slogans that will distinguish the offered goods and services from similar ones on the market.

Registration of a trademark is possible only at the State Institution “National Center for Intellectual Property”.

There are two procedures for granting trademark protection:

  1. A trademark is registered in accordance with Belarusian law;
  2. A trademark is registered in accordance with international treaties of the Republic of Belarus.

 

International Trademark Registration in Belarus

The international registration of a trademark in Belarus can be performed by the State Institution “NCIS” only if the TK has passed the national registration. International registration of TK is necessary when the applicant plans to enter the markets of foreign countries. When carrying out activities within Belarus, a national registration is sufficient.

 

Certificate and Registration period

A certificate of registration of a trademark is issued within a month from the date of registration in the State Register of Trademarks and Service Marks of the Republic of Belarus. A trademark is registered for a period of 10 years. If it is necessary to extend the term for registration of a trademark, the application must be submitted within the last year of the ToR. The registration period may be extended by 10 years. The number of such extensions is not limited by law.

 

Trademark Registration in Belarus

How to Protect Your Trademark Internationally

International trademark protection beyond the EAEU requires registering your trademark in each country where you plan to operate. There are three main paths for international registration: through the simplified EAEU system, via the WIPO Madrid System for EU countries, or directly in individual countries. Before pursuing international registration, you must first secure your trademark in your home country. The process requires working with licensed patent attorneys and considering country-specific regulations, including varying government fees and application review periods. Professional guidance from local patent attorneys is crucial for navigating different legal systems and ensuring successful registration.

Our Services

Trademark Registration
Complete support throughout the trademark registration process in Belarus, including uniqueness verification, application submission, and interaction with the patent office until certificate issuance.
Trademark Registration Consulting
Professional consulting on all aspects of intellectual property protection. We help determine NICE classes, assess risks, and suggest optimal strategies for your trademark registration.
Document Preparation
Compilation of complete documentation package for registration, including applications, trademark descriptions, power of attorney forms, and other required materials in compliance with legal requirements.
Legal Services
Comprehensive legal support for trademark rights protection, including dispute representation, assistance with licensing, and protection against intellectual property rights infringement.

Types of Trademarks

1

Word Mark

A distinctive verbal identifier that can include single words, phrases, letter combinations with verbal character, or complete sentences. Examples include company names, slogans, and distinctive product names.

2

Design Mark

Visual compositions and artwork including logos, drawings of people or animals, ornamental designs, and brand mascots. This category encompasses all two-dimensional graphic representations of your brand.

3

3D Mark

Three-dimensional shapes and objects that serve as distinctive brand identifiers. This includes unique product packaging designs, figurines, and distinctive container shapes that identify your brand.

4

Color Mark

A specific color or color combination that uniquely identifies your brand. While challenging to register, successful examples exist. Note that competitors may still use similar unregistered shades.

5

Combined Mark

A trademark that incorporates multiple elements from other categories, such as combining words with design elements or integrating color schemes with logos and text.

Trademark Registration in Belarus

Trademark Registration Process

Preparatory Stage:

 

  1. Trademark Definition Compliance: Verification that your proposed mark meets legal requirements for trademark status under Belarus law. This includes checking compliance with the Trademark Law and existing regulations for trademark registration eligibility.

 

  1. Grounds for Refusal Check: Comprehensive analysis to ensure no absolute or relative grounds for refusal exist. This includes searching through national and international trademark databases to verify uniqueness and avoid potential conflicts.

 

  1. Nice Classification Identification: Determining the correct Nice Classification classes for your goods or services. This critical step ensures proper protection scope and requires careful consideration of all business activities.

 

  1. Application Preparation: Compiling all required documentation, including the application form, trademark specimens, power of attorney if needed, and proof of payment. Ensuring all materials meet current regulatory requirements.
Trademark Registration in Belarus

Registration Stage:

 

  1. Application Submission: Filing the application with the National Center of Intellectual Property of Belarus. Local applicants can file directly or through a patent attorney, while foreign applicants must work with a certified Belarusian patent attorney.

 

  1. Preliminary Examination: Two-month examination period where documents, formatting, and fee payments are verified. The NCIP may request corrections and either accept or reject the application based on formal requirements.

 

  1. Substantive Examination: Up to two-year examination period to verify compliance with legislation and establish trademark priority. If rejected, applicants have three months to request a re-examination of the trademark application.

 

  1. Trademark Registration: Upon approval and fee payment confirmation, the trademark is registered in the State Register of Trademarks and Service Marks of Belarus. Registration certificate is issued within one month of registration.

Key Benefits of a Registered Trademark

1

Monopoly of Owner Rights

According to the results of registration of a trademark, a certificate is issued that confirms the exclusive right to use it.

2

Violation Protection

Registered trademark is protected by law. In case of violations, the copyright holder may apply to law enforcement agencies, courts for protection.

3

Product Quality Assurance

The presence of a trademark of a famous brand guarantees customers the quality of goods and services. The trademark holder confirms compliance with high requirements in the production of goods and the provision of services.

4

Effective Promotion

A trademark is a profitable investment in advertising your business, as it is protected by law and cannot be used by competitors to promote their products.

5

Inclusion of a Registered Trademark in Print, Advertising Sign

A trademark may be included in the seal by the copyright holder and used in advertising materials.

Who Can Register a Trademark (Become a Rights Holder)

Individual

Individual

Any natural person, whether a citizen of Belarus or a foreign national, can register a trademark. This includes entrepreneurs, self-employed individuals, and private persons seeking to protect their intellectual property.

Organization

Organization

Any legally registered business entity, including companies, corporations, and enterprises, can obtain trademark rights. Organizations can register trademarks for their products, services, and corporate identity.

Union

Union

Trade unions and professional organizations can register trademarks to protect their collective interests and identify their organization’s activities, services, or related products.

Association

Association

Professional and industry associations can register trademarks to represent their collective membership and protect shared intellectual property rights within their specific field.

Other Legal Entity Associations

Other Legal Entity Associations

Various forms of legal entity partnerships, consortiums, and collaborative business groups can register trademarks to protect their joint intellectual property interests and brand identity.

Required Documents

1

Trademark Application

Complete application form containing the trademark design, list of goods or services, and applicant’s information including citizenship and address/location details. Must comply with official format requirements.

2

Payment Confirmation

Official document confirming payment of patent fees for trademark registration. Fee amounts vary based on registration type and number of trademark classes.

3

Power of Attorney

Required when filing through a patent attorney. Must be properly executed and notarized, particularly important for foreign applicants who must work through Belarusian patent attorneys.

4

Collective Mark Regulations

Specific document required for collective trademark registration, detailing usage rules and conditions for all members of the collective entity.

5

Certified Application Copy

Notarized copy of the original application required when registering under the Paris Convention for the Protection of Industrial Property.

Why Choose Us

Streamlined Business Processes

Streamlined Business Processes

Our efficient and well-established procedures ensure smooth trademark registration. We’ve optimized every step of the process to save you time and minimize potential complications during registration.

Trust and Reputation

Trust and Reputation

We’ve built our reputation on transparency and reliability. Our track record of successful trademark registrations and long-term client relationships demonstrates our commitment to excellence.

Speaking Your Language

Speaking Your Language

We communicate complex legal procedures in clear, understandable terms. Our experts provide straightforward explanations and regular updates throughout the registration process.

End-to-End Service

End-to-End Service

We handle everything from initial consultation to final registration. Our comprehensive service covers document preparation, submission, monitoring, and communication with authorities.

Superior Service Quality

Superior Service Quality

Our team of experienced professionals ensures the highest standards in trademark registration services. We combine legal expertise with personalized attention to meet your specific needs.

FAQ

Why should businesses register a trademark?

Registering a trademark provides legal protection for your brand identity, preventing competitors from using similar marks. It gives you exclusive rights to use the mark in your field, helps build brand value, and provides a legal basis for defending against infringement. Registration also enables licensing opportunities and adds tangible value to your business assets.

Can I use a designation to individualize products without registering it as a trademark?

While you can use an unregistered mark, it provides no legal protection. Without registration, competitors could legally use similar marks, potentially damaging your brand reputation and market position. Registration is the only way to secure exclusive rights and legal protection for your mark.

Can I specify all NICE classes when filing a trademark application?

While technically possible, registering in all 45 NICE classes is generally impractical and expensive. It’s recommended to select only the classes relevant to your current and planned business activities. Each additional class increases registration costs and may complicate the application process.

If the founder is a foreign individual, then a copy of an identity document translated into Russian or Belarusian is provided. The signature of the translator is also certified by a notary.

Is it possible to obtain international trademark protection?

Yes, international trademark protection is available through several routes: the Madrid System for international registration, direct registration in specific countries, and regional systems like the EAEU. However, you must first register your trademark in Belarus before pursuing international protection.

How long is a trademark registration valid?

In Belarus, trademark registration is valid for 10 years from the application date. The registration can be renewed unlimited times for additional 10-year periods, provided renewal fees are paid and proper documentation is submitted.

Can trademark protection be terminated?

Yes, trademark protection can be terminated for several reasons: non-renewal after the 10-year period, non-use for three consecutive years, company dissolution, court decision due to improper use, or voluntary abandonment by the trademark owner.

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    • Limited Liability Company “Open Company”
      Certificate of state registration issued by the Minsk City Executive Committee on July 4, 2018. Registration number: 193101292
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      Office: 8 Kirova str., office 21, Minsk, 220030, Belarus. Postal address: 38 Novovilenskaya str., office 21, Minsk, 220053, Belarus
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      Monday-Friday 9:00-19:00